1. The question to be decided in this petition is whether the revisional Court should, in ail cases, insist upon the confinement of the accused before ordering suspension of sentence. The revision petitioner was an accused in C. C. No. 3 of 1977 on the file of the Chief Judicial Magistrate, Trichur. He was convicted by the said Court for an offence under S.304-A and sentenced to undergo rigorous imprisonment for two years for the offence under S.304-A. This conviction was confirmed by the appellate Court, but the sentence was reduced to one. year. He has filed this criminal miscellaneous petition to suspend the operation of the sentence. The question that falls for decision is whether it is necessary for the accused to surrender to his bail before the revisional Court suspends the sentence passed against him. For a decision on this point, it is necessary to refer to some of the sections in the Code of Criminal Procedure, hereinafter referred to as the Code, which detail the powers of the revisional Court, the appellate Court and the trial Court.

2. S.397,399 and 401 of the Code deal with the powers of revision. Under S.397, revisions can be filed both before the High Cou