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. 1561 of 2009(A) ------------------------- CC.440/2006 of JUDL.MAGISTRATE OF FIRST CLASS COURT-II, PALAKKAD .................... PETITIONER(S): PETITIONER/ACCUSED. ---------------------------------- ANEESH, S/O.RAJAMANI, KUMBALAKKADUVEEDU, MKODUNTHIRAPPULLY, PALAKKAD. BY ADV. SRI.VINOD KUMAR.C RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY 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. 1561 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 accused in C.C.440 of 2006 on the file of the J.F.C.M-II, Palakkad alleging offences under Sections 279, 337 and 338 of 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