1. The question that arises for decision in this revision petition is whether under S.496, 497 and 498, Crl. P. C., bail can be granted to a person who has not been arrested on any charge of any non-bailable offence or for whose apprehension a warrant has not been issued, but who appears and surrenders before the court stating that he is apprehending that he would be arrested as the person suspected of the commission of a cognisable offence. The petitioners through their advocate appeared before the Sub Divisional Magistrate, Alwaye and applied for bail alleging that a case has been registered against them and others for offences of rioting, causing hurt etc. Some of the offences complained against them, namely, offences under S.326 and 452 were non bailable. Learned Magistrate dismissed the application on the ground that anticipatory bail cannot be granted.

2. It is contended on behalf of the petitioners that after the amendment of S.497 by Act 26 of 1955 and the addition of the words 'or suspected of the commission of the powers of the court in the matter of grant of bail has been widened so as to enable the court to grant bail to a person who was not actually under ar