A.M. Shaffique, J.

This is an application filed by the petitioner/4th accused under Section 389 of Cr.P.C seeking suspension of conviction. It is submitted that there is absolutely no evidence or material against the petitioner to find him guilty. Even the court below had found him guilty only under Sections 167 and 201 of the Indian Penal Code. At the relevant time, when the offence is alleged to have been committed, the petitioner was working as the Principal Sub Inspector of Fort Police Station. At present, he is working as Deputy Superintendent of Police and if the conviction is not suspended, he may be removed from service.

2. The case involves the custodial death of one Udayakumar. Initially the case was tried by the local police and the trial commenced. At the instance of the mother of the deceased Udayakumar, this Court had directed the CBI to conduct investigation, pursuant to which final report had been filed and after trial, the accused in the case had been convicted for separate offences including 302 of the Indian Penal Code and death penalty had been given to accused 1 and 2.

3. As far as the petitioner is concerned, the prosecution allegation was that he was inst