IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS FRIDAY, THE 1ST JANUARY 2010 / 11TH POUSHA 1931 Crl.MC.No. 4263 of 2009() ------------------------- CC.398/2009 of ADDL. CHIEF JUDICIAL MAGISTRATE COURT, TRIVANDRUM .................... PETITIONER/ ACCUSED NO. 9: --------------- MILI S NAIR AGED 29 YEARS 'VYSHALI', MELARANNOOR ROAD, KARAMANA P. O, THIRUVANANTHAPURAM. BY ADV. SRI.S.RAJEEV RESPONDENT/STATE: --------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR, SRI. B JAYASURYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M. L. JOSEPH FRANCIS J., - - - - - - - - - - - - - - - - - - - - - - - - - - - - Crl. M.C. No. 4263 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 1st day of January, 2010. O R D E R Heard both sides. This petition under Section 482 Cr.P.C. is filed by the 9th accused in C.C. No. 398 of 2009 on the file of the Additional Chief Judicial Magistrate, Thiruvananthapuram. Now non- bailable warrant is pending. Since non-bailable warrant is pending, the proper procedure is to approach the court below and file an application for cancellation of the warrant under Section 70(2) of the Cr.P.C. The petitioner is directed to surrender before that Court on or before 27.2.2010. On such surrender, the learned Magistrate may allow the petitioner to go on bail. While releasing the petitioner on bail the learned Magistrate may impose suitable condition. The petition is allowed to the above extent. (M. L. JOSEPH FRANCIS), Judge. dl/