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Madras High CourtCRL MP/6322/2020ordered

Pavan Kumar v. The State Rep By

2020-10-16Honourable Mr Justice A.D.Jagadish Chandira4 pages

Crl.M.P.No.6322 of 2020 in Crl.O.P.No.7958 of 2020 A.D.JAGADISH CHANDIRA, J.

The matter is listed today under the caption for being mentioned. 2.The learned counsel appearing for the petitioner would submit that the petition filed in Crl.O.P.No.7958 of 2020 dated 28.05.2020 is a bail petition and this Court had directed the petitioner to deposit a sum of Rs.5,000/- (Rupees Five Thousand only) to the Cancer Institute (WIA) (Regional Cancer Centre), Adyar, Chennai 600 020 and on such deposit the petitioner was directed to be released on his own bond. Thereafter, the petitioner was directed to furnish two sureties within a period of two weeks before the concerned Court. Since the Courts were not functioning during the PANDEMIC period, the petitioner was unable to furnish sureties and comply with the conditions imposed by this Court in Crl.O.P.No.7958 of 2020 dated 28.05.2020.

Hence, the petitioner filed a petition in Crl.M.P.No.6322 of 2020 in Crl.O.P.No.7958 of 2020 for extension of time. He would further submit that in the time extension order passed by this Court in Crl.M.P.No.6322 of 2020 in Crl.O.P.No.7958 of 2020 dated 16.10.2020, it has been wrongly stated as anticipatory bail instead of bail. Accordingly prays for appropriate orders.

3. In view of the above submission so made by the learned counsel for the petitioner, the order in Crl.M.P.No.6322 of 2020 in Crl.O.P.No.7958 of 2020 dated 16.10.2020 to be read as follows: "This petition has been filed to extend the time limit for complying with the conditions imposed in Crl O.P No.7958 of 2020 dated 28.05.2020 on the file of this court. 2.The learned counsel for the petitioner would submit that this Court has granted bail to the petitioner in Crl.O.P.No.7958 of 2020 dated 28.05.2020 with certain conditions. He would further submit that the petitioner has deposited the amount as ordered by this Court, but due to pandemic situation, he could not comply with the other conditions.

3.Heard both sides.

4.Considering the facts and circumstances of the case and the submissions made by the learned counsel for the petitioner, this petition is ordered and three weeks time is extended to comply with the conditions imposed by this Court vide order dated 28.05.2020 in Crl.O.P.No.7958 of 2020, from the date on

which the order copy is made ready, failing which, the bail granted by this Court shall stand dismissed automatically without any further reference to the Court.

5.The other conditions imposed in Crl.O.P.No.7958 of 2020 dated 28.05.2020 shall stand unaltered."

03.11.2020 kas Note: Registry is directed to issue a fresh order copy on 05.11.2020

A.D.JAGADISH CHANDIRA, J.

kas Crl.M.P.No.6322 of 2020 in Crl.O.P.No.7958 of 2020 03.11.2020