IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS TUESDAY, THE 12TH MAY 2009 / 22ND VAISAKHA 1931 Crl.MC.No. 1593 of 2009() ------------------------- CC.1147/2002 of JUDL.MAGISTRATE OF FIRST CLASS-III, PUNALUR .................... PETITIONER(S): IST ACCUSED -------------------------- BIJU KUMAR.T @ UNNI, S/O. THANKAPPAN PILLAI, PUTHUVEETTIL PUTHEN VEEDU, PIDAVOOR VILLAGE, PATHANAPURAM, KOLLAM DISTRICT. BY ADV. SRI.B.MOHANLAL RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, PATHANAPURAM POLICE STATION, KOLLAM DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.T.B. HOOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 1593 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of May, 2009 O R D E R Heard both sides. This petition under Section 482 Cr.P.C. is filed by the first accused in C.C. 1147 of 2002 on the file of the J.F.C.M-III, Punalur alleging offences under Sections 143, 147, 332, 225B r/w. Section 149 I.P.C. Now non-bailable warrant is pending. The counsel for the petitioner submitted that if the petitioner is released on bail he will not abscond or tamper with evidence. Since non-bailable warrant is pending, the proper procedure is to approach the court below and file an application under Section 70(2) Cr.P.C. for cancellation of warrant. The petitioner is directed to surrender before the court below on or before 7.7.2009. On such surrender, the learned Magistrate may allow the petition to go on bail. While granting the petitioner bail, the learned Magistrate may impose suitable conditions. Petition allowed to that extent. (M.L. JOSEPH FRANCIS) Judge tm