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. 1405 of 2010() ------------------------- CP.28/2010 of JUDL. MAGISTRATE OF FIRST CLASS COURT, VADAKKANCHERY .................... PETITIONER: ACCUSED ---------------------- SREELAL, AGED 33 YEARS, S/O.GOPALAKRISHNAN, KOYAPPURATH HOUSE, CHERUVALLY P.O., KOTTAYAM. BY ADV. SRI.S.A.ANAND RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REP. BY THE SUB INSPECTOR OF POLICE, PAZHAYANNUR POLICE STATION, THRISSUR DISTRICT, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. GP. SHRI M R VENUGOPAL 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: 1405 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. 28 of 2010 on the file of JFCM, Vadakancherry under Section 324, 307, 427, 435 r/w. Section 149 of IPC. 2. Since the petitioner is willing to surrender and face the 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 file an application for cancellation of warrant under Section 70(2) of Cr.P.C. The petitioner is directed to surrender before that court on or before 30.6.2010. On such surrender, that court may allow the petitioner to go on bail. While releasing the petitioner on bail that court may impose normal conditions. The petition is allowed to that extent. M. L. JOSEPH FRANCIS, JUDGE dl/