The High Court or Court of Sessions can direct the accused even at the pre-arrest stage to appear before the concerned Magistrate and to execute bond thereby preventing the police officer from arresting the accused.

K. Raviraja Pandian, J.

The petitioner, apprehending arrest for the offence punishable under Sections 120(B), 420, IPC read with Sections 7 & 13(2) and 13(10)(d) of the Prevention of Corruption Act, filed a petition in Crl.O.P. (MD)No.8180 of 2008 under Section 438 of the Code of Criminal Procedure (in short "the Code") seeking for a direction from this Court for releasing him on bail, in the event of his arrest. According to the petitioner, one Mr.Balu (defacto complainant) lodged a complaint with the respondent police on the allegation that the petitioner, being a Village Administrative Officer, received a sum of Rs.1000/- from him as bribe for giving birth certificate in the year 2006, but failed to give any birth certificate. In that petition, this Court on 10.09.2008 passed orders as follows:

"5.Considering the facts and circumstances of the case and considering the fact that the occurrence had taken place in the year 2006, I am of the view that the petitioner could be enlarged on anticipatory bail. Accordingly, the petitioner shall appear before the Investigating Officer within a period of two weeks from the date of receipt of a copy of this order and on his appearance, in the event of arrest, he shall be released on bail, subject to the following conditions:

(i) The petitioner shall execute a bond for a sum of Rs.10,000/-(Rupees ten thousand only) with two sureties for a like sum to the satisfaction of the Investigating Officer; and

(ii) The petitioner shall appear before the Investigating Officer every day at 10.30 a.m. for a period of two weeks."

2. Thereupon, the petitioner filed the present M.P.(MD)No.1 of 2008 in Crl.O.P.(MD)No.8180/2008 seeking modification of the condition imposed in the order dated 10.09.2008 directing the petitioner to approach the Investigation Officer to execute sureties to his satisfaction into one of directing the petitioner to execute the sureties before the learned Judicial Magistrate No.I, Thanjavur, on the premise that due to personal vengeance of the Investigation Officer alone the false case has been foisted against him and if the petitioner is directed to appear before the Investigation Officer to execute the sureties, he, in all probabilities, might reject the sureties and arrest and remand the petitioner to custody.

3. Learned Single Judge, while considering the petition for modification, entertained a doubt as to whether it is permissible in law to grant such a direction, in spite of the fact that in normal practice the Sessions Courts and High Court in Tamil Nadu are granting such a direction while disposing of the petitions filed under Section 438 of the Code, by referring to the decision of the Supreme Court in the case of D.K. Ganesh Babu vs. P.T. Manokaran and others, reported in (2007) 2 SCC (Crl.) 345 and referred the matter to be decided by a Larger Bench by framing the question of law as follows:

"While passing an order of anticipatory bail whether either Sessions Court or High Court can direct the accused even at the pre-arrest stage to appear before the concerned Magistrate and to execute bond thereby preventing the police officer from arresting the accused."

As per the administrative order of My Lord the Hon'ble The Chief Justice, dated 15.10.2008, the matter is placed before us for consideration.

4. Mr. V. Gopinath, learned Senior Counsel, appearing for the petitioner placed before us several decisions of the Supreme Court, such as (i) M.P.Lohia vs. State of W.B., (2005 2 SCC 686); (ii) Amarjit Singh vs. State of NCT of Delhi; (2002 (2) Supreme 249) and (iii) U.Palaniappan & Another vs. Sub-Inspector of Police, (2006 (1) Crimes 168 (SC)) to contend that in all the above cases the Apex Court itself has granted direction as sought for by the petitioner in this case and, therefore, there is no embargo or fetters on the powers of the High Court or Court of Sessions to grant such a relief.

5. Mr. Ashok Kumar, learned Senior Counsel, appearing for the Bar a