The above captioned Criminal Miscellaneous Case has been filed with the prayer to direct Judicial First Class Magistrate Court, Thaliparamba, to consider and dispose of the bail applications of the petitioners in the light of the decisions of this Court in the case Ali v. State of Kerala, reported in 2000 (2) KLT 280, Shanu v. State of Kerala , reported in 2000 (3) KLT 452, Prem Shameer & Others v. State of Kerala reported in 2010 (4) KLT 620 and Alex & Others v. State of Kerala & others, reported in 2007 (2) KLT 466 and that of the Apex Court in Arnesh Kumar v. State of Bihar & another reported in 2014 (3) KHC 69. 2. In the facts and circumstances of this case, it is ordered that in the event of the petitioners appearing and surrendering on or before 17.11.2014, before the Judicial First Class Magistrate Court, Thaliparamba, and filing appropriate applications for recall of warrants, if any, and bail applications on their behalf, then the above said learned Magistrate shall consider the said applications CRL.M.C.6228/14 - : 2 :-
on the same day itself and in the light of the decisions of this Court in the cases Ali v. State of Kerala, reported in 2000 (2) KLT 280, Shanu v. State of Kerala , reported in 2000 (3) KLT 452, Prem Shameer & Others v. State of Kerala reported in 2010 (4) KLT 620 and Alex & Others v. State of Kerala & others, reported in 2007 (2) KLT 466 and that of the Apex Court in Arnesh Kumar v. State of Bihar & another reported in 2014 (3) KHC 69. Needless to say, the learned Magistrate shall examine the merits of the matter raised in the aforementioned bail applications of the petitioners. The petitioners are also at liberty to produce photocopies of the reported text of the decisions of this Court in the case Shanu v. State of Kerala reported in 2000 (3) KLT 452 and the other cited rulings relied on by the petitioners, for the perusal of the learned Magistrate. Further, in the interest of justice, it is ordered that until consideration and disposal of the bail applications of the petitioners by the learned Magistrate as directed above, all further coercive action against the petitioners, if any, will be kept in abeyance.
The Crl.M.C. is finally disposed of with the above said observations and directions.
Sd/-
sdk+ ALEXANDER THOMAS, JUDGE ///True copy/// P.S. to Judge CRL.M.C.6228/14 - : 3 :-