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.
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CRL.M.C.NO.4893 & 4896 OF 2010
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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.