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. 1314 of 2010() ------------------------- LP.91/2004 of CHIEF JUDICIAL MAGISTRATE COURT, TRIVANDRUM .................... PETITIONER(S)ACCUSED 2 TO 5: ---------------------------------------- 1. J.JOHN, S/O YESUDASAN, THATTUVEEDU, SASTHAMCOTTA, KOLLAM. 2. A.R. ANAS, S/O ABDUL KHADER, B.R. MANZIL, VANCHUVAM, NEDUMANGAD. 3. JOSEPRATHAP, S/O ANTONY, THEKKATHIL VEETTIL, ARIMALLOOR, KOLLAM. 4. M. LIJU, S/O MOHANLAL, MEENATHETHIL VEEDU, CHERUTHANA, ALAPPUZHA. BY ADV. SRI.A.RAJASIMHAN RESPONDENT(S)/COMPLAINANT: --------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SMT. M.K. PREMALATHA. 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.1314 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 accused in L.P.91/04 on the file of the Chief Judicial Magistrate, Thiruvananthapuram under Ss.143, 147, 148, 149, 323, 324 of IPC and S.27 of Arms Act. 2. Now non bailable warrant is pending. The learned counsel for the petitioner submitted that the petitioner is willing to surrender and face trial and no purpose will be served by sending the petitioner to jail. Learned Public Prosecutor opposes the prayer. 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 Sec.70(2) of Cr.P.C. In order to secure the ends of justice the following orders are issued. 4. The petitioners are directed to surrender before the Court below on or before 30.6.2010. On such surrender that Crl.M.C. No.1314 of 2010 -2- Court may allow the petitioners to go on bail. While releasing the petitioners on bail that Court may impose suitable normal conditions. Crl.M.C. is allowed to that extent. M.L. JOSEPH FRANCIS, JUDGE. ul/-