IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 13TH DECEMBER 2010 / 22ND AGRAHAYANA 1932 Crl.MC.No. 4826 of 2010 ---------------------------------- [CMP.NO.3564/2010 OF JUDICIAL MAGISTRATE OF FIRST CLASS COURT, PATTAMBI] .................... PETITIONER/PETITIONER: -------------------------------------- CHANDRAN, S/O.MANU, AYYOTHU HOUSE, NANNAMUCK P.O., CHANGARAMKULAM, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR. RESPONDENTS: ------------------------ THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, CHALISSERY POLICE STATION-THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM, KOCHI-31. BY PUBLIC PROSECUTOR SRI. I.V. PRAMOD. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.4826 OF 2010 --------------------------------------------- Dated 13th December, 2010 O R D E R By Annexure-A order, Judicial First Class Magistrate, Pattambi granted interim custody of lorry No.KL-54.A/8890 seized in Crime No.365/2010, registered under Section 4(1)(A) and Section 21 of Mines and Minerals Development and Regulation Act on conditions. Petition is filed under Section 482 of Code of Criminal Procedure to quash the condition to deposit Rs.50,000/-. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. Learned Magistrate has directed the petitioner to execute a bond for Rs.10,00,000/- with two solvent sureties Crmc 4826/10 2 apart from the direction to make a cash deposit of Rs.50,000/-. When Mine and Minerals Development and Regulation Rules does not provide confiscation of the vehicle, I do not find it in the interest of justice to direct the petitioner to make a cash deposit of Rs.50,000/-, especially when bond to be executed is for Rs.10,00,000/-. The petition is allowed. Condition in Annexure-A order directing the petitioner to make cash deposit of Rs.50,000/- is deleted. M.SASIDHARAN NAMBIAR, JUDGE. uj.