( 1 ) THE petitioner was arrested by the Calcutta Police in connection with an alleged offence under Section 11 of the West Bengal Security Act. When he was produced before the Additional Chief Presidency Magistrate, he was released on bail of Rs. 2,000/- (Rupees two thousand) only. On a newspaper report of this proceeding a Division Bench of this Court taking criminal business issued a Rule upon the Chief Presidency Magistrate as well as upon the petitioner to show cause why the order granting bail should not he cancelled and after hearing the cause shown the Division Bench made the Rule absolute and cancelled the order of bail. The petitioner now wants to refer an appeal to the Supreme Court against the aforesaid order of the Division Bench dated July 22, 1960 and he has asked for a Certificate under Article 134 (1) (c) of the Constitution.

( 2 ) MR. Banerjee appearing in support of the application states before us that the point which the petitioner proposes to raise before the Supreme Court is this: that although this Court has power under Section 439 of the Code of Criminal Procedure to rescind or modify any order passed by a subordinate criminal Court suo motu