AB 1576/2011 BEFORE HON\BLE MR JUSTICE B D AGARWAL Heard Sri JM Choudhury, learned senior counsel for the petitioners. Also heard Sri BS Sinha, learned Additional Public Prosecutor for the State. This application under section 438 of the Cr.P.C. has been filed by accused peti tioners namely, Nipen Kalita and Kangkan Choudhury, seeking pre-arrest bail appr ehending their arrest in connection with Patacharkuchi Police Station Case No . 130 of 2011 under section 408/420/468 of the Indian Penal Code . Also peruse d the case diary. As per the order dated 13.06.2011, the I.O. of this case, S.I. Sri Montu Das and the Superintendent of Police, Barpeta, Dr. Shiv Prasad also appeared in person. The Superintendent of Police ensured the court that since the offence is in the nature of cyber crime, he will depute a Superintendent of Police to investigate the case in a scientific manner. The above apart, as per the FIR, one Sri Gautam Thakuria is the prime accused an d he is still avoiding arrest. In my considered opinion, only after arrest and c ustodial interrogation of Gautam Thakuria, many information will be revealed, in cluding the involvement of the present petitioners, if any. Since, the petitioners were granted interim bail on 13.06.2011, I am of the opin ion that this is not the proper stage to cancel the privilege of anticipatory ba il. Accordingly, interim bail is hereby made absolute on the following condition s: (i) Both the petitioners shall appear before the I.O. once in a week for the next 3(three) months. (ii) The petitioners shall not make any attempt to tamper with the evidence o r influence the investigation. (iii) The petitioners shall not leave the jurisdiction of the State of Assam w ithout prior permission from the learned Chief Judicial Magistrate, Barpeta. (iv) The investigating agency is given liberty to file appropriate applicatio n for cancellation of this order after concrete evidence of the petitioners’ inv olvement in the crime is collected. With the aforesaid directions, the anticipatory bail application stands disposed of.