K. T. Sankaran, J.

A learned single Judge of this Court formulated the following question of law and referred the matter to a Division Bench.

Is it correct to say that once an application for pre-arrest bail under Section 438(1) of the Code of Criminal Procedure is dismissed as withdrawn, a subsequent application on the same set of facts and for the same relief is not maintainable for the said reason?.

2. In the Reference Order, the learned single Judge referred to two decisions of another learned single Judge [Varada Nadarajan v. State of Kerala (2013 (4) KHC 22) and Jamsheer A.V. and another v. State of Kerala (ILR 2013 (3) Kerala 790)] and expressed the view that those decisions require re-consideration. In the present case, the petitioner filed an application for anticipatory bail under Section 438 of the Code of Criminal Procedure before the High Court and the said Bail Application was sought to be withdrawn. Accordingly, that Bail Application was dismissed as withdrawn on 12.7.2013. Thereafter, the petitioner filed the present Bail Application on 30.7.2013 under Section 438 of Cri. P.C. A copy of the order dated 12th July, 2013 was produced as Annexure A along with th