JAYACHANDRA REDDY, J.

( 1 ) THE short question, which is of general importance, that arises for our consideration is whether under S. 438 of the Cr. P. C. 1973 the High Court or the Sessions Court has power to grant anticipatory bail to a person after the competent criminal court has taken cognizance of the case and has issued process, viz. warrant for arrest of that person.

( 2 ) A Division Bench consisting of Jeevan Reddy J. and Upendralal Waghray J, disagreed with the view taken by an earlier Division Bench of this court consisting of Chennakesav Reddy J. , as he then was and Rama Rao J. , in Kamalakara Rao v. State of A. P. (1983) 1 APLJ 97 and consequently referred the question to the Full Bench. Before we proceed to consider the scope of S. 438, Cr. P. C. and several points urged, it is necessary to set out a few more details as to how this matter has come up before us. To start with, Madhusudan Rao, J. in N. Dasaratha Reddy v. State, (1975) 2 APLJ (HC) 214 held that S. 438 Cr. P. C. applies only to arrests where the court s process has not been issued. Ramachandra Raju, J. in Criminal M. P. No. 884 of 1981 agreed with the view taken by Madhusudhan Rao J. Later, Punnayya J. ,

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