( 1 ) THE petitioner after having failed to obtain an order for anticipatory bail before a Division Bench of this Court on 23-6-88, has preferred this application again under Section 438 on the allegation that subsequent to 23-6-88 some new facts in support of the prayer for anticipatory bail on behalf of the petitioner has come to his knowledge giving rise to new ground in support of the prayer for anticipatory bail on behalf of the petitioner has come to his knowledge giving rise to Dew ground in support thereof and in consideration thereof he has filed the second petition for anticipatory bail.

( 2 ) ACCORDING to the learned Advocate for the petitioner, this fresh petition under Section 438 is maintainable inspite of the order of rejection by a Division Bench of this court and according to the learned Additional Public Prosecutor it is not. Learned Advocate for the petitioner wants us to consider this petition under Section 438 on the ground that new grounds for making such an application have arisen after his previous application under Section 438 of Code of Criminal Procedure was rejected by a Division Bench of this court on 23-5-1988.

( 3 ) THE learne