IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 29TH NOVEMBER 2010 / 8TH AGRAHAYANA 1932 Crl.MC.No. 4341 of 2010() ------------------------------------ ( CRIME NO. 117/2008 OF KUTHUPARAMBA POLICE STATION, KANNUR DISTRICT IN CRL.M.P.576/2008 IN S.C.NO.26/2009 (N.D.P.S ACT CASES) , VATAKARA) ------------------- PETITIONER(S): ---------------------- MUKTHAR K.V., S/O.KUNJIMON, KODIYERI AMSOM, DESOM, THALASSERY - TQ, KANNOOR - DT. BY ADVS. SRI.K.RAKESH ROSHAN SMT. THUSHARA.V RESPONDENT(S): -------------------------- STATE OF KERALA, (IN CRIME NO.117/2008 OF KUTHUPARAMBA POLICE STATION) REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, COCHIN - 31. BY PUBLIC PROSECUTOR SRI.P.A.SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.4341 of 2010 -------------------------- ORDER This petition is filed under Section 482 of Code of Criminal Procedure to quash the condition in Annexure-1 order passed by learned Special Judge (NDPS Act Cases), Vadakara, directing petitioners to make cash deposit of Rs.30,000/- to grant interim custody of the autorickshaw. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. Learned Public Prosecutor pointed out that accused have already been convicted as per judgment dated 23.7.2009. In such circumstances, necessarily, learned Special Judge has to pass a final order under Section 452 of Code of Criminal Procedure. Therefore, I do not find it necessary to modify the condition in Annexure-1 order as sought for. Petition is dismissed. 29th November, 2010 (M.Sasidharan Nambiar, Judge) tkv