IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS FRIDAY, THE 23RD APRIL 2010 / 3RD VAISAKHA 1932 Crl.MC.No. 1404 of 2010() ------------------------- CP.106/2008 of JUDL.MAGISTRATE OF FIRST CLASS COURT, THIRUVALLA .................... PETITIONERS: ACCUSED NOS.2 AND 3 ---------------------------------- 1. AJESHKUMAR.N.S, AGED 41 YEARS, S/O.SADASIVAN, RADHANILAYAM HOUSE, KAVIYOOR.P.O, THIRUVALLA, PATHANAMTHITTA DISTRICT. 2. MOHANAN.T.P., AGED 59 YEARS, S/O.KRISHNAN PADMANABHAN, THAYYIL HOUSE, THOTTUVATHALA.P.O, KAINAKARY, ALAPPUZHA DISTRICT. BY ADV. SRI.S.A.ANAND RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY EXCISE INSPECTOR, EXCISE RANGE OFFICE, THIRUVALLA, PATHANAMTHITTA DISTRICT, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. G.P. SHRI PUZHAKKARA MOHAMMED THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M. L. JOSEPH FRANCIS, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - Crl.M.C. NO: 1404 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 23rd Day of April, 2010. O R D E R This petition under Section 482 of Cr.P.C. is filed by the accused in C.P. No. 106 of 2008 on the file of JFCM, Thiruvalla under Section 8(1) and (2) of Abkari Act. 2. Since the petitioners are willing to surrender and face the trial, practically no purpose will be served by sending the petitioners to jail. Since non bailable warrant is pending, the proper procedure is to approach the court below and file an application for cancellation of warrant under Section 70(2) of Cr.P.C. The petitioners are directed to surrender before that court on or before 30.6.2010. On such surrender, that court may allow the petitioners to go on bail. While releasing the petitioners on bail that court may impose normal conditions. The petition is allowed to that extent. M. L. JOSEPH FRANCIS, JUDGE dl/