A simple but interesting question of importance is projected in this petition. The point for decision is whether the assistance of the Court by way of an order under S. 438 of the Criminal P.C. could be sought against an anticipated arrest on a possible accusation of a non-bailable offence resulting from some action which the petitioners are intending to do believing it to be legal.

2. 29 cents of land in R.S. No. 27/2 of Panoor Village is claimed both by the first petitioner and one Manni. Both claim title and possession. First petitioner lays claim on the basis of a registered assignment deed dated 28-7-1984 and Manni claims by document No. 15 of 1963. Second petitioner is the climber who is intended to be engaged by the first petitioner for plucking coconuts from the property. For having trespassed into the said property and plucked coconuts Crime No. 31 of 1985 was registered against the first petitioner and he is on bail. On the strength of his alleged title and possession he wants to enter the property again to pluck coconuts engaging the second petitioner. He fears that the same may result in another crime involving non-bailable offences against him and the secon