AB 2476/2011 BEFORE HON’BLE MR. JUSTICE UB SAHA The instant pre-arrest bail application is filed by the petitioners, namely, (1) Md. Mustafa Ahmed and (2) Md. Nabab Ahmed, under Section 438 CrPC for granting them bail in connection with Lanka PS case No.154 of 2009 under Section 379/411 IPC. The above two petitioners are on interim bail as granted by this Court. Learned counsel of the petitioners, Mr. S. M. Abdullah P, while urging for bail would co ntend that the petitioners have already on interim bail and they are appearing b efore the IO of the case and who has examined the petitioners. Therefore, no cus todial detention is called for. Mr. B. S. Sinha, learned Addl. PP for the State-respondent while producing the case diary in terms of the order of this Court would contend that it would be pr oper for the Court to reject the bail as prayed for and send the petitioner in t he judicial custody for their custodial interrogation. As there is no allegation from the side of the prosecution that the petitioners had at any time misused t he bail granted to them, it would not be proper to discontinue the bail earlier granted, more so, when the IO has already examined them. However, considering the entire facts and circumstances, it is directed that the petitioners shall be enlarged on bail in connection with the aforesaid PS case on furnishing a bond of Rs.10,000/-(Rupees ten thousand) only each with two loca l sureties of the like amount to the satisfaction of the arresting authority on further condition that they shall appear before the IO of the case once in a wee k till the investigation is completed and they shall not leave the State of Assa m without prior permission of the arresting authority. With the above, the instant pre-arrest bail application is allowed