AB 830/2011 BEFORE HON’BLE MR. JUSTICE IA ANSARI This is an application made under Section 438 Cr.P.C. seeking pre-arrest bail by the petitioners, namely, 1. Abdul Aziz Sikdar and 2. Jainal Abdin, in c onnection with Kalgachia Police Station Case No. 21/2011, under Section 7 of the Essential Commodities Act, 1955. Perused the above application and materials on record. Perused also the relevant case diary. Heard Mr. A Choudhury, learned counsel, appearing on behalf of the petitioners, and Mr. K Munir, learned Additional Public Prosecutor, Assam. Petitioners’ earlier application for pre-arrest bail was rejected, on perusal of the case diary, by order, dated 01-03-2011, passed in AB No. 505 of 2011. At th e instance of the petitioners, the case diary is, once again, perused and the sa me reveals incriminating materials against the petitioners. In view of the above, the petitioners cannot be given the benefit of pre-arrest bail. It is, however, contended, on behalf of the petitioner No. 1, namely, Abdul Aziz Sikdar, that he has been suffering from hypertension, diabetes and diabetes Nep hropathy and that he is advised to continue the treatment with bed rest and the petitioner No. 2, namely, Jainal Abdin, has been suffering from pulmonary TB. On the ground of their sickness, the petitioners may make regular application. As far as pre-arrest bail is concerned, the same, in the facts and attending circum stances of the present case, cannot be granted to the petitioners. In view of the above and in the interest of justice, while the prayer for pre-ar rest bail, made by the petitioners, is hereby declined, the petitioners are give n the liberty to make appropriate application in the Court of the learned Chief Judicial Magistrate, Barpeta, and if such an application is made, the learned Co urt below shall consider and dispose of the same in accordance with law. With the above observations and directions, this petition shall stand disposed o f.