AB 38/2010 BEFORE THE 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. Azizur Rahman and 2. Aminur Rahman, in conn ection with Tamarhat Police Station Case No. 60/2010, under Sections 143/147/148 / 149/341/ 294/353/323/379 IPC. Perused the above application and materials on record including a copy o f the order, dated 09-08-2010, passed, in Bail Application No. 3416 of 2010, whe reby the application made earlier under Section 438 Cr.P.C., by the present peti tioners, which has been rejected on perusal of the case diary. Heard Mr. R De, learned counsel for the petitioners, and Mr. BS Sinha, learned A dditional Public Prosecutor, Assam. It is contended, on behalf of the petitioners, that the petitioners were not involved on the alleged occurrence. In the face, however, of the fact that the petitioners’ application pre-arrest bail have been rejected earlier, on peru sal of the case diary, because of the fact that the case diary revealed, accordi ng to the order, dated 09-08-2010 aforementioned, incriminating materials agains t the petitioners, the petitioners cannot, now, be granted pre-arrest bail unles s they raise some new ground warranting exercise of power, in this favour, under Section 438 IPC. It is, however, submitted, on behalf of the petitioner No. 2, namely, Aminur Rahman, that he has been suffering from neurological problems and his application for pre-arrest bail may be considered on the ground of sickness . Considering the matter in its entirety and in the interest of justice, while the prayer for pre-arrest bail, made by the petitioners, is hereby declined, the pe titioners are given the liberty to appear in the Court of the Chief Judicial Mag istrate, Dhubri, and if, on their appearance in the learned Court below, they ap ply for regular bail in connection with the case aforementioned, the learned Cou rt below shall consider and dispose of the same in accordance with law. So far a s the petitioner No. 2 is concerned, if he makes any application seeking bail on the ground of sickness, such a ground shall be considered, in accordance with l aw, by the learned Court below. The bail application shall stand disposed of in terms of the above obser vations and directions.