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. 1444 of 2010() ------------------------- CC.422/2019 of JUDL.MAGISTRATE OF FIRST CLASS-I, HOSDRUG .................... PETITIONERS: --------------- 1. P.BALAKRISHNAN,AGED 60,RESIDING AT USHA NILAYAM,PERUTHADY POST,RANIPURAM, RAJAPURAM,HOSDURG TALUK,KASARGOD DISTRICT. 2. BENNY THOMAS,S/O.THOMAS,AGED 37, AMBAZHATHINAL HOUSE,PADIMARUTHU P.O, RAJAPURAM,HOSDURG TALUK,KASARGOD DISTRICT. BY ADV. SRI.T.MADHU RESPONDENT(S): --------------- THE STATION HOUSE OFFICER,RAJAPURAM POLICE STATION,REP.BY THE 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: 1444 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.C. No. 422 of 2010 on the file of JFCM No.I, Hosdurg under Section 409, 419 r/w. Section 34 of IPC. 2. Since the petitioners are 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 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/