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. 4262 of 2009() ------------------------- LP.7/2003 of JUDL.MAGISTRATE OF FIRST CLASS, MAVELIKKARA .................... PETITIONERS/ACCUSED 1 & 2: --------------- 1. K C MATHEW KALLARACKAL HOUSE THAZHAKKARA MURI THAZHAKKARA VILLAGE BY ADV. SRI.K.HARILAL SRI R GOPAN RESPONDENT/COMPLAINANT: --------------- 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.4262 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 accused nos. 1 and 2 in L. P. No. 7 of 2003 on the file of the Judicial First Class Magistrate, Mavelikkara. 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/