S. NAGAMUTHU, J.

The Hon'ble The Chief Justice has referred to this Division Bench to answer the following question of law:

“Whether an application seeking anticipatory bail under Section 438 of the Code of Criminal Procedure at the instance of a juvenile in conflict with law in terms of the Juvenile Justice (Care and Protection of Children) Act, 2000 is maintainable before the High Court or before the Court of Sessions ?”

2. The above reference was made in view of the conflicting orders on this important legal issue. In Crl.O.P.No.6590 of 2015 a learned Single Judge has taken the view that an application under Section 438 Cr.P.C. at the instance of a juvenile in conflict with law seeking anticipatory bail is maintainable. Another learned Single Judge in Karkuvel, Minor, Vs. State, decided on 08.05.2014, has also taken the same view. But quite contrary to the same, subsequently, another learned Single Judge of this Court in Crl.O.P.No.22361 of 2015 took the view that such an application under Section 438 Cr.P.C. for anticipatory bail at the instance of a juvenile in conflict with law is not at all maintainable. The learned Judge has relied on two judgments of the Madhya Pradesh