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 i