O R D E R

Dated this the 4th day of January 2021 Application for regular bail under Section 439 of Cr.P.C.

The applicant is the 9th accused in Crime No.859/2020 of Munambom Police Station for having allegedly committed offences punishable under Sections 120B, 302, 212 r/w Section

34 of IPC.

2. The prosecution case, in brief, is that the applicant, a notorious criminal having several criminal antecedents had helped the other accused, who had participated in committing the murder of a person named Pranav by taking him to the house of one Job who is cited as charge witness No.45 and had given them shelter. The charge witness No.45 did not know about the involvement of the persons in the aforesaid crimes, but the applicant was allegedly aware of their involvement in the aforesaid crime. Knowing that fact, he took them and assisted them to be harboured in the house of CW45 and thereafter he took them to another places also for the purpose of harbouring and shielding them from being arrested.

3. The applicant states that admittedly he has no active involvement in the act of murder. The specific allegation against him is only for an offence punishable under Section 212 of IPC, which is a bailable offence. The applicant was arrested on 05.11.2020 and has been in custody since then and therefore the applicant seeks bail. His bail application before the jurisdictional Magistrate was dismissed.

4. Heard the learned counsel for the applicant and the learned Senior Public Prosecutor.

5. The learned Public Prosecutor brings to the notice of this Court that the applicant is a notorious criminal having nine other crimes registered against him. Proceedings under KAPPA was also initiated against him. It is stated that the final report has already been filed.

6. Considering the arguments raised on both sides, I find that even though the applicant has criminal antecedents, his involvement in this crime is limited to harbouring and shielding other accused who were actively involved in this crime. Under the circumstances, I find that further incarceration of the applicant may not be necessary. He can be released on bail subject to stringent conditions.

In the result, the application is allowed and the applicant is directed to be released on bail on execution of bond for Rs.50,000/-(Rupees fifty thousand only) with two solvent sureties, each for the like amount to the satisfaction of the jurisdictional court and on following conditions:-

(i) He shall not get involved in similar cases during the currency of the bail.

(ii) He shall not enter the jurisdiction of the concerned police station except for the purpose of trial and attending the court.

(iii) He shall not tamper with evidence, intimidate or influence the witnesses.

` (iv) He shall surrender his passport before the jurisdictional court. In case he does not have a passport, he shall file an affidavit to that effect.

In case of violation of the bail conditions, the prosecution is at liberty to move for cancellation of the bail before the jurisdictional court.