IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS FRIDAY, THE 16TH APRIL 2010 / 26TH CHAITHRA 1932 Crl.MC.No. 1303 of 2010() (Crime No.275 of 09 of Kumbala Police Station, Kasargod) ------------------------- PETITIONER: --------------- MOHAMMED HANEEFA S/O. K M. MODIU K.M.HOUSE, THAIKKANAD PALLIKAL II VILLAGE P O BEKAL, KASARGOD DISTRICT. BY ADV. SRI.S.RAJEEV RESPONDENT: --------------- STATE OF KERALA REP. BY PUBLIC PROSECUTOR HIGH COURT OF KERALA ERNAKULAM (CRIME NO. 275 OF 2009 OF KUMBALA POLICE STATION, KASARGOD) PP. SRI. C.M. NAZER THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M. L. JOSEPH FRANCIS, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - Crl.M.C. NO: 1303 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 16th Day of April, 2010 O R D E R This petition under Section 482 Cr.P.C. is filed by the accused in Crime No. 275 of 2009 of Kumbala Police Station, Kasargode under Section 376, 366 - A of IPC. 2. Now non-bailable warrant is pending. The learned counsel for the petitioner submitted that the petitioner is willing to surrender and face the trial. Learned Public Prosecutor opposes the petition. 3. 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. Crl.M.C. NO: 1303 OF 2010 : 2 : 4. The petitioner is directed to surrender before the concerned court on or before 30.6.2010. If the petitioner files the application before that court, that should be disposed of on the same day. The petition allowed to that extent. M.L. JOSEPH FRANCIS, JUDGE. dl/