ORDER

P.A. Mohammed, J. - This is an application filed under Section 438 of the Code of Criminal Procedure, 1973 (for short 'the Code'). It came before us on a reference made by a learned single Judge. The point involved is whether this High Court has jurisdiction to grant an order of 'anticipatory bail' under Section 438 of the Code on the ground that the petitioner apprehends his arrest, here, though the alleged offence was committed at a place situate within the territorial limits of Madhya Pradesh High Court. Bhaskarar Nambiar, J. has held in C.I. Mathew v. Govt. of India1, that the court within whose limits the arrest is apprehended has also jurisdiction to grant the order under Section 438 of the Code. Pareed Pillay, J. who referred this matter to a larger bench expressed that "an authoritative decision by a Division Bench of this Court" is required in view of the different opinion pronounced by Punjab and Haryana High Court in Ravinder Mohan v. State of Punjab2.

2. Facts of this case can be briefly stated thus. The petitioner is residing at Palakkad in Kerala State. He placed an order for supply of certain goods with the second respondent, who is a trader at Mandasaur (Indor