J.B. Koshy, J.

The preliminary question to be considered in this appeal is whether an order passed by a learned Single judge under S.438 of the Criminal Procedure Code is appealable before a Division Bench in view of S.5(i) of the Kerala High Court Act. S.5 of the Kerala High Court Act reads as follows:

"5. Appeal from judgment or order of Single Judge: - An appeal shall lie to a Bench of two judges from

(i) a judgment or order of a single judge in the exercise of original jurisdiction;

(ii) a judgment of a single judge in the exercise of appellate jurisdiction in respect of a decree or order made in the exercise of original jurisdiction by a subordinate Court/'

The registry refused to number the appeal doubting maintainability.

2. Learned counsel for the appellants mainly relied on the decision of a Full Bench of this Court in K.S. Das v. State of Kerala (1992 (2) KLT 358) wherein it was held that an appeal will lie to a Division Bench under S.5(i) of the Kerala High Court Act against an interlocutory order passed by a Single Judge in an Original Petition while the main petition is pending, in appropriate circumstances. In other words, if the interim order substantially aff