1. The above Crl.O.P. was disposed of on 06.11.2017. Today (21.11.2017), it is listed under the caption "for clarification" at the instance of the Madras Bar Association.

2. The Madras Bar Association represented on 20.11.2017 that paragraphs 22 and 23 of the said order dated 06.11.2017 may be recalled, or in the alternative, to make it as a suggestion for amendment of the Appellate Side Rules of this Court and there need not be any direction that the directions made in paragraphs 22 shall take effect from 02.01.2018. When the matter is taken up for hearing today, no one represented before this Court. However, on behalf of the Bar, Mr.B.Vijay, learned counsel, who was waiting for another case to be heard by this Court, stated that a Division Bench of this Court in Crl.A.No.198 of 2017, by judgment (unreported) dated 12.04.2017, has already in a different case, considered the Clauses (i), (ii) and (iii) of the said paragraph 22 of the said order dated 06.11.2017 and the Division Bench in the said case, observed that the bail and anticipatory bail petitions shall be in the form of a petition. The said learned counsel also drew the attention of this Court to paragraphs 20 to 29 of the said judgment of the Division Bench, which are extracted hereunder:

"20. During the hearing of the appeal, The learned Additional Public Prosecutor appearing for the State however brought to our notice an order passed by a learned Single Judge of this Court in Contempt Petition No.1368 of 2016 dated 26.10.2016 wherein, the learned Single Judge has issued a direction to the Registry in the following terms:-

"8.This court makes it very clear that henceforth, anticipatory bail application should be in the form of an affidavit/petition duly signed by the petitioner/petitioners concerned in all pages. If the anticipatory bail application is filed in petition format, the Advocate on record should sign in all the pages of the petition and if the anticipatory bail petition is filed in the affidavit format, the person who is attesting the affidavit shall sign in all the pages. In either case, the name of the Advocate/Attesting Person should be written in capital letters, mentioning his place of qualification, Enrollment Number and Cell Phone Number".

Referring to the same, the learned Additional Public Prosecutor appearing for the State submitted that in respect of the petitions filed under Section 389 Cr.P.C., also a Form could be prescribed and it may be examined as to Whether an affidavit should also be filed in support of the petition as it is done in Civil Miscellaneous Petitions.

21. The learned counsel for the appellant submitted that along with this Criminal Appeal, the petitioner has filed a Miscellaneous Petition seeking suspension of sentence. The learned counsel for the appellant submitted that there is no "Form" prescribed for such a petition, either in the Code of Criminal Procedure or, in the Criminal Rules of Practice. He further submitted that an affidavit need be filed along with the same.

22. Mr.V.Gopinath, learned Senior Counsel assisted the Court as Amicus Curiae. He would submit that the Criminal Procedure Code prescribes no Form for these matters though, the Criminal Procedure Code prescribes Form for seeking other purposes such as, memorandum of appeal, petition seeking transfer of case, etc.

23. We have considered the above submissions.

24. Plainly speaking, neither in the Criminal Procedure Code nor in the Criminal Rules of Practice, there is any Form prescribed for a petition seeking bail, anticipatory bail or bail by suspending the sentence pending a Criminal Appeal.

25. As rightly pointed out by the learned Senior Counsel, under Section 382 Cr.P.C., the Criminal Procedure Code has prescribed that every appeal shall be made in the Form of petition in writing. Even Section 382 Cr.P.C., does not prescribe that such petition should be accompanied by any affidavit. If we look into Section 407(3) Cr.P.C., every petition seeking trans