Harbouring an offender is a bailable offence, and continued detention is unnecessary if the accused has been in custody for a significant period.

ORDER

This bail application is filed under section 483 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (for short ‘ BNSS ’).

2. Petitioner is the 5^th accused in Crime No.993 of 2025 of Nedumangad Police Station, Thiruvananthapuram, registered for the offences punishable under Sections 126 (2) , 103(1) , 61(2)(a) , 249 , 49 and 3(5) of the Bharatiya Nyaya Sanhita , 2023 (for short ‘ BNS ’).

3. According to the prosecution, on 11.05.2025, pursuant to a scufÒe between accused Nos.1 & 2 and the deceased, a conspiracy was entered into between accused Nos.1 to 4 to commit murder and thereafter accused Nos.1 to 3 restrained the deceased and the 1^st accused stabbed him on his chest and thereby committed the offences alleged. The prosecution further alleges that the 1^st accused left the place on a motor cycle kept by the 4^th accused nearby the place of incident, while the 5^th accused harboured the accused after the commission of offence. The petitioner was arrested on 18.05.2025 and has been in custody since then.

4. Heard Sri.M.R.Sarin, the learned Counsel for the petitioner as well as Smt.Sreeja V., the learned Public Prosecutor.

5. According to the learned Counsel for the petitioner, the only offence alleged against the petitioner is under Section 249 of BNS , i.e., harbouring of an offender, which is a bailable offence. However, since he was roped in along with accused Nos.1 to 4, he was arrested on 18.05.2025 and has been in custody since then. Considering the nature of offence attributed against the petitioner, he ought to be released on bail.

6. The learned Public Prosecutor opposed the bail application and submitted that since the allegations against the petitioner are serious, he ought not to be released on bail at this juncture.

7. On a perusal of the prosecution case, it is noticed that the allegation against the petitioner falls within the realm of the offence of harbouring of an offender. Section 249 of BNS is a bailable offence.

8. Considering the circumstances that petitioner was arrested on 18.05.2025 and also since the main overt act alleged against him can only fall within the category of a bailable offence, I am of the view that the continued detention is not required. Therefore, petitioner ought to be released on bail.

In the result, this bail application is allowed on the following conditions:-

(a) Petitioner shall be released on bail on him executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.

(b) Petitioner shall appear before the Investigating OfÏcer as and when required.

(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence.

(d) Petitioner shall not commit any similar offences while he is on bail.

(e) Petitioner shall not leave India without the permission of the Court having jurisdiction.

In case of violation of any of the above conditions or if any modification or deletion of the conditions are required, the jurisdictional Court shall be empowered to consider such applications, if any, and pass appropriate orders in accordance with law, notwithstanding the bail having been granted by this Court.