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. 1485 of 2010() ------------------------- CP.114/2005 of JUDL. MAGISTRATE OF FIRST CLASS - III, KOLLAM .................... PETITIONER/ ACCUSED NO.1 --------------------------- SYAM LAL, S/O.SREEDHARAN, THOPPIL VEEDU, CHITTATTINKARA DESOM, ATTINGAL VILLAGE, CHIRAYINKEEZHU TALUK. BY ADV. SRI.M.G.KARTHIKEYAN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED BY THE EXCISE INSPECTOR, EXCISE RANGE OFFICE, KOLLAM BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR, SHRI.M.R. VENUGOPAL 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: 1485 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.P. No. 114 of 2005 on the file of JFCMC-II, Kollam under Section 55(a) and (i) of Abkari Act. The petitioner was on bail in crime stage. 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. 3. 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/