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2025 Supreme(Online)(Ker) 49730

IN THE HIGH COURT OF KERALA AT ERNAKULAM
V. G. Arun, J
VIJAYAN M.T – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SMT.P.MAYA, SMT.M.M.DEEPA, SMT.ASWATHY VIJAYAKUMAR, SMT.N.SUDHA
For the Respondents: SRI. M.C. ASHI, SR.PP.

Table of Content
1. essential facts of the case and the charges under review. (Para 1 , 2)
2. arguments regarding the sufficiency of evidence for harbouring. (Para 3 , 4)
3. court’s conclusion on the legal definitions and implications. (Para 5)

ORDER

Dated this the 20th day of August, 2025 The petitioners are accused Nos.4 and 5 in S.C. No.1453 of 2023 pending on the files of the Assistant Sessions Court, Muvattupuzha, wherein they are facing prosecution for the charge under Section

212 of IPC . The essential facts are as under;

On 15.02.2023, the 1st accused allegedly trespassed into the courtyard of the defacto complainant’s house and inflicted serious injuries on his head and forehead. The crime was therefore registered against the 1st accused and two others for offences under Sections 341, 323, 324, 294(b) and 307 r/w Section 34 of IPC . The petitioners were arraigned as accused Nos.4 and 5 in the final report on the allegation that they had harboured the 1st accused in the house of the 1st petitioner with the knowledge that the 1st accused is an accused in a serious crime.

2. Learned Counsel for the petitioners contended that the allegation regarding commission of the offence under

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