The petitioner is the accused in Crime No.1400/2018 of East Kallada Police Station. The offence alleged is punishable under Section 306 IPC.

2. The prosecution allegation can be briefly stated thus: The petitioner is the brother-in-law of deceased Sivan Pillai. There was scuffle between the deceased and the petitioner on 25.09.2018 at about 11.30 p.m. Thereafter, the deceased was found missing.

On 26.09.2018 at 5.00 a.m., the deceased Sivan Pillai committed suicide by hanging. It is alleged that the petitioner abetted the commission of suicide by deceased Sivan Pillai.

3. The petitioner has filed this application under Section 438 Cr.P.C.

4. Heard.

5. The learned counsel for the second respondent has submitted that the death of the deceased was a homicide and hence the second respondent filed a private complaint before the court below in this regard. The learned Magistrate forwarded the complaint to the police for investigation and report under Section

156(3) Cr.P.C. Thereafter, the Section of offence was altered by the police from Section 174 Cr.P.C. to Section 306 IPC.

6. It appears that there is absolutely no material to indicate that the petitioner committed abatement of the commission of suicide. Therefore, it is doubtful as to whether the offence under Section 306 IPC is made out or not. There is also no material at present to constitute the ingredients of the offence under Section 302 IPC. The petitioner has no criminal antecedent, submitted by the learned Public Prosecutor.

Considering the facts and circumstances of the case, including the nature of the allegations, I am of the view that the custodial interrogation of the petitioner is not necessary for the progress of the investigation of this case. In the said circumstances, I am inclined to grant pre-arrest bail to the petitioner.

In the result, this application stands allowed and respondent Nos.1 and 2 are directed to release the petitioner on bail in the event of his arrest in the above said crime on condition of the petitioner executing a bond for Rs.30,000/- (Rupees Thirty thousand only) with two solvent sureties, each for the like sum to the satisfaction of the second respondent, before whom the petitioner shall surrender within fifteen days, if not arrested in the meantime and subject to the following further conditions: i)

The petitioner shall report before the Investigating Officer on every Saturday between 9 a.m. and 11 a.m. for two months and thereafter, as and when required by the Investigating Officer for interrogation.

ii) The petitioner shall not intimidate or influence the witnesses or in any way tamper with the investigation.

iii)

The petitioner shall not get involved in any other offence during the pendency of this case.

Sd/- B. SUDHEENDRA KUMAR, JUDGE STK //TRUE COPY// //P .A. TO JUDGE// / /True