High Court Kerala High Court

Govindaraj vs State Of Kerala Represented By on 15 December, 2010

Kerala High Court
Govindaraj vs State Of Kerala Represented By on 15 December, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 4893 of 2010()


1. GOVINDARAJ, S/O.SUBHA PANDARAM,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA REPRESENTED BY
                       ...       Respondent

                For Petitioner  :SRI.P.M.ZIRAJ

                For Respondent  : No Appearance

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :15/12/2010

 O R D E R
            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.