IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 22ND DECEMBER 2010 / 1ST POUSHA 1932 Crl.MC.No. 4873 of 2010() ------------------------------------ C.M.P.3565/2010 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, PATTAMBI ........... PETITIONER/PETITIONER: --------------------------------------- MOHANAN, S/O. MADHAVAKURUP, KALKULANGARA VEEDU, KOTHACHIRA AMSOM, DESOM, OTTAPALAM TALUK. BY ADV. SRI.I.DINESH MENON RESPONDENT/COMPLAINANT: --------------------------------------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, CHALLISSERY POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.SABU SREEDHARAN. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.4873 of 2010 -------------------------- ORDER By Annexure-A order, Judicial First Class Magistrate, Pattambi granted interim custody of the vehicle KL-52/B 3997 to the petitioner on conditions, which was seized in Crime No.365/2010, registered for the offences under Sections 4(1)(A) and 21 of MMDR Act on conditions. This petition is filed under Section 482 of Code of Criminal Procedure to quash the condition directing the petitioner to make a cash deposit of Rs.50,000/- in addition to execution of a bond for Rupees Ten lakhs. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. MMDR Act or KMMC Rules do not provide for confiscation. Learned Magistrate directed the petitioner to execute a bond for Rupees Ten lakhs. In such circumstances, it is not in the interest of CRMC 4873/10 2 justice to direct the petitioner to make a cash deposit of Rs.50,000/- also. Hence, the said condition is liable to be quashed. Petition is allowed. Condition in Annexure-A order, directing the petitioner to make a cash deposit of Rs.50,000/- is quashed. 22nd December, 2010 (M.Sasidharan Nambiar, Judge) tkv