The Madras High Court today granted extension of time to an accused in the 2008 student clash here to surrender before a Metropolitan Magistrate Court on or before March 27 after executing bail bond as per the anticipatory conditions passed by the court in 2011.
Justice P Devadoss, who granted extension of time to surrender to accused S Karthikeyan, observed that "in criminal law there is no automatic cancellation of bail or anticipatory bail."
"There is a practice among certain courts in mentioning in the anticipatory bail order that in the event of not furnishing the bail bond within the prescribed time, the anticipatory bail order shall automatically stand cancelled," he observed.
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The students clash took place in front of Dr Ambedkar Government Law College here following a caste-related clash between the two groups. Three students injured in the clash in November 2008.
A court, while dealing with the petition filed by Karthikeyan, the 33rd accused in the incident, had directed him to surrender before the Metropolitan Magistrate Court.
But he had not surrendered all these days and was staying at Bangalore and practising as an advocate.
Justice Devadass who today extend his time for surrender before the concerned Court in his order said "bail orders are liberty orders. They cannot be lightly interfered with. There may be many reasons in non-executing the bail bonds in time. Some are beyond the control of the accused and lawyers."
In such circumstances, the accused not executing the bail bond in time arises. Therefore, there shall not be any prejudged, preconceived, unilateral, predetermined decision in the bail orders that they will stand automatically cancelled.
"When the time expired, Courts can liberally consider the time extension petitions. By doing so, heaven is not going to fall on our heads. It is better to remind ourselves always that procedure is just handmaid of justice and not justice itself."
The judge made it clear that March 27 is the "D-day for the petitioner to surrender and no further extension of time will be entertained".
