AB 528/2011 BEFORE THE HON’BLE MR JUSTICE IA ANSARI This is an application, made under Section 438 Cr.P.C., seeking pre-arrest bail for the accused-petitioner, namely, Manir Uddin, in connection with Patharkandi Police Station Case No.146/2010 under Section 366(A) IPC. Perused the above application and materials on record. Perused also the relevant case diary. Heard Mr. A. Y. Choudhury, learned counsel for the petitioner, and Mr. V S Singh, learned Addl. Public Prosecutor, Assam. The petitioner’s earlier application for pre-arrest bail was rejected on 07.12.2010, passed in Bail Application No.5365/2010, after perusal of the case diary, on the ground that incriminating materials have been unearthed by the pol ice. On the present application made by the petitioner, the relevant case diary has, once again, been examined and considering the nature of incriminating materials available in the case diary, this Court is of the view that in the facts and att ending circumstances of the present case, the petitioner cannot be allowed the b enefit of pre-arrest bail. In view of the above and in the interest of justice, the prayer for pre-arrest b ail, made by the petitioner, is hereby rejected. The petitioner may, however, wi thin a week from today, appear in the Court of learned Chief Judicial Magistrate , Karimganj, and if, on his appearance, the petitioner applies for bail, the lea rned Court below shall consider and dispose of the same in accordance with law. While considering the application for bail, the learned Court below shall also b ear in mind that the petitioner claims that he has been suffering from malaria a nd is presently under medical treatment. The Bail Application shall accordingly stand disposed of.