7th accused in Chalakkudy Police Station Crime No.1229 of 2017 registered under Sections 364, 384, 302 and 120B read with Section 34 of the Indian Penal Code, 1860 (hereinafter referred to as “IPC”) seeks pre-arrest bail under Section 438 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “Code”).

2. Heard Sri. B. Raman Pillai and Sri. P. Vijaya Bhanu, the learned Senior Counsel appearing for the petitioner, Sri. Suman Chakrawarthy, learned Senior Public Prosecutor appearing for the State and Sri. S. Sreekumar, learned Senior Counsel appearing for the defacto complainant/intervenor.

3. I have carefully perused the materials on record and the case diary submitted by the prosecution.

4. On 29.09.2017 at about 11.00 hours in the morning, the defacto complainant (son of deceased Rajeev) appeared before the Sub Inspector of Police, Chalakkudy Police Station and gave a statement that his father went missing and he was not heard of between 8.00 p.m. on 28.09.2017 and 7.45 a.m. on 29.09.2017. It is also mentioned in the first information statement that Rajeev had taken three nutmeg plantations on lease. Deceased used to reside in a house situated in the nutmeg garden t