IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS TUESDAY, THE 27TH APRIL 2010 / 7TH VAISAKHA 1932 Crl.MC.No. 1556 of 2010() ------------------------- CC.90/2008 of JFCMC-II, Ranni .................... PETITIONER: ACCUSED ---------------------- SANTHOSH,AGED 36 YEARS,S/O.SADANDAN, MADUKOLIL HOUSE,THULAPPALLY,MUKKOOTTUTHARA, RANNI TALUK,PATHANAMTHITTA DISTRICT. BY ADV. SRI.P.U.ZIYAD RESPONDENT COMPLAINANT & STATE ---------------------------------- 1. BABU.P.R,AGED 37 YEARS,S/O.VISHWA BHAVAN PAMPA.P.O,NILACKAL. 2. STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR, SHRI PUZHAKKARA MOHAMMED THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M. L. JOSEPH FRANCIS, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - Crl.M.C. NO: 1556 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 27th Day of April, 2010 O R D E R This petition under Section 482 Cr.P.C. is filed by the accused in C.C. No. 90 of 2008 on the files of JFMC-II Ranni under Section 138 of N.I. Act. 2. Heard the learned counsel for the petitioner. Learned Public Prosecutor opposes the application. 3. Since the petitioner is willing to surrender and face trial, practically no purpose will be served by sending the petitioner to jail. Since non-bailable warrant is pending, the proper procedure is to approach the court below and to file an application for cancellation of warrant under Section 70(2) of Cr.P.C. 4. The petitioner is directed to surrender before that court on or before 30.6.2010. On such surrender the court may allow the petitioner to go on bail. While releasing the petitioner on bail, the court may impose normal conditions. The petition allowed to that extent. M. L. JOSEPH FRANCIS, JUDGE dl/