IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 15TH DECEMBER 2010 / 24TH AGRAHAYANA 1932 Crl.MC.No. 4893 of 2010() ------------------------------------- CMP.3518/2010 of JUDL. MAGISTRATE OF FIRST CLASS COURT, PATTAMBI CRIME NO.359/2010 OF CHALISSERY POLICE STATION. .................... PETITIONER(S): ----------------------- GOVINDARAJ, S/O.SUBHA PANDARAM, AGED 39 YEARS, 6-95 MUDIYANNUR, VEPPILAIPATTI, SELAM-636 007, TAMILNADU. BY ADV. SRI.P.M.ZIRAJ RESPONDENT/RESPONDENT: -------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HONOURABLE HIGH COURT OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE CHALISSERY POLICE STATION, PALAKKAD DISTRICT. BY PUBLIC PROSECUTOR MR.P.A. SALIM. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15/12/2010, ALONG WITH CRMC NO.4896 OF 2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs M.SASIDHARAN NAMBIAR,J. ------------------------------------------------------ CRL.M.C.NO.4893 & 4896 OF 2010 ------------------------------------------------------- Dated 15th December, 2010 O R D E R As per Annexure-2 order in C.M.P.3518/2010, Judicial First Class Magistrate, Pattambi released JCB No.TN-28/AB-5671 to the petitioner in Crl.M.C.4893/2010, on executing a bond for Rs.20,00,000/- with two solvent sureties. By Annexure-A2 order in C.M.P.3519/2010, same learned Magistrate released lorry No.KL-54/7945 to the petitioner in Crl.M.C.4896/2010, on executing bond for Rs.10,00,000/- with two solvent sureties. In addition, in both the cases learned Magistrate directed the petitioners to make cash deposit Rs.50,000/- each. Petitions are filed under Section 482 of Code of Crmc 4893 & 4896/10 2 Criminal Procedure to quash the proceedings. Both JCB and tipper lorry were seized in Crime No.359/2010 of Chalissery Police Station registered for the offence under Section 4(1) (A) and Section 21 of M.M.D.R.Act. Petitions are filed under Section 482 of Code of Criminal Procedure to quash the condition directing the petitioners to make a cash deposit of Rs.50,000/-. 2. Learned counsel appearing for the petitioners and learned Public Prosecutor were heard. 3. Learned Magistrate has directed the petitioners to execute bonds for Rs.20,00,000/- and Rs.10,00,000/- respectively to release the JCB and the tipper lorry. As M.M.D.R.Act does not contain a provision for confiscation, I find no reason justifying the Crmc 4893 & 4896/10 3 direction to make cash deposit of Rs.50,000/- in Annexure-A2 orders. In such circumstances, said direction is to be quashed. Petitions are allowed. Annexure-2 orders directing the respective petitioner to make a cash deposit of Rs.50,000/- to release the vehicle under Section 451 of Code of Criminal Procedure is quashed with respect to the cash deposit. Petitioners shall execute bond for the amounts shown in Annexure-2 orders with two solvent sureties for the the like sum to the satisfaction of the learned Magistrate. M.SASIDHARAN NAMBIAR, JUDGE. uj.