IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 20TH DECEMBER 2010 / 29TH AGRAHAYANA 1932 Crl.MC.No. 4942 of 2010() ----------------------- CRIME NO. 357/2010 OF CHALISSERY POLICE STATION, PALAKKAD .................. PETITIONER: ------------------ ABBAS K.K, S/O.MOIDHU, AGED 33 YEARS, KANDAMKULANGARA VEEDU KANJHIRATHANI, KAPPUR PO, OTTAPALAM TALUK. 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 SRI. I.V. PRAMOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/12/2010, ALONG WITH CRMC NO. 4971/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn M.SASIDHARAN NAMBIAR,J. -------------------------------------------------------- CRL.M.C.NOs.4942 & 4971 OF 2010 ------------------------------------------------------- Dated 20th December, 2010 O R D E R Petitioner in Crl.M.C.4942/2010 filed C.M.P.No.3483/2010 in Crime No.357/2010 of Chalissery Police Station before Judicial First Class Magistrate's Court, Pattambi under Section 451 of Code of Criminal Procedure for interim custody of JCB No.KL-52/4594. By Annexure-2 order, interim custody was granted on conditions. Petitioner in Crl.M.C.4971/2010 filed C.M.P.3484/2010 in the same case for interim custody of tipper lorry KL-52/2413. By Annexure-2 order, interim custody was granted on conditions. Petitions are filed under Section 482 of Code of Criminal Procedure to quash the condition to deposit Crmc 4942 & 4971/10 2 Rs.50,000/- and also to reduce the quantum of the bond. 2. Learned counsel appearing for the petitioners and learned Public Prosecutor were heard. 3. Crime was registered under Section 4(1)(a) and 21 of Miner Mineral Development and Regulation Act. Though learned counsel appearing for the petitioners argued that quantum of the bond is to be reduced, on the facts, I do not find any reason to reduce the amount of the bond fixed by the learned Magistrate. But there is force in the submission that direction to make cash deposit of Rs.50,000/- is to be interfered. Considering the fact that the Act does not provide for confiscation, it is not in the interest of justice to direct the petitioners to make a Crmc 4942 & 4971/10 3 cash deposit for getting interim custody of the vehicles, as has been done by the learned Magistrate. Annexure-2 orders are modified deleting the condition to deposit cash deposit. Petitions are allowed. Direction to deposit Rs.50,000/-, for interim custody of JCB and tipper lorry in C.M.P.3483/2010 and C.M.P.3484/2010 on the file of Judicial First Class Magistrate's Court, Pattambi are quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.