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. 1482 of 2010() ------------------------- CP.9/2010 of JUDL.MAGISTRATE OF FIRST CLASS COURT, THIRUVALLA .................... PETITIONER(S): ACCUSED ---------------------- THAMKAMANY, AGED 37 YEARS, W/O.PREMNATH,KIDANGIL VEEDU,THATTAKKADU MURI, KOIPURAM VILLAGE, THIRUVALLA TALUK, PATHANAMTHITTA DISTRICT. BY ADV. SRI.AJITH MURALI RESPONDENT(S): COMPLAINANT -------------------------- 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: 1482 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 a woman who is the accused in C.P. No. 9 of 2010 on the file of JFMC, Thiruvalla under Section 55(i) of Abkari 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/