Crl.A.No.572 of 2009

Admit. The Public Prosecutor takes notice.

Crl.M.A.No.3031 of 2009

The Public Prosecutor takes notice.

2. This is an application under Section 389(1) read with Section 357(2) of the Code of Criminal Procedure (for short "the Cr.P.C.') filed along with the above appeal with a prayer to suspend the execution of sentence passed against the petitioner/appellant in S.C.No.79 of 2007 on the filed of the Additional District and Sessions Judge (Special), Kottayam dated 25.2.2009.

3. When the above matter came up for consideration on 20.3.2009, Sri. V.G. Govindan Nair, the learned Public Prosecutor and the Director General of Prosecution sought time to file objection on the basis of the proviso to Section 389(1) of the Cr.P.C. and accordingly, the matter was adjourned and stood posted for consideration on 2.4.2009. In the mean while, they have filed their objection on 31st March, 2009. Thus, I have heard Mr. John. S. Ralph, learned counsel appearing for the petitioner/appellant and also Sri. V.G. Govindan Nair, learned Public Prosecutor and the Director General of Prosecution.

4. The petitioner/appellant is the third accused in S.C.No. 79 of 2007 on the file