ORDER :

1. The petitioner is the accused in C.C. No. 521 of 2009 on the file of the Judicial First Class Magistrate Court-I, Kozhikode. The aforesaid case arises from Crime No. 105 of 2004 of Kozhikode Town Police Station. The said crime was registered on the basis of the information furnished by the 2nd respondent as to the death of one Bindu on 03.04.2004, while she was undergoing treatment after a Mini lap surgery which was conducted at Government Hospital, Kottaparamba. Annexure-A1 is the final report submitted by the police in the aforesaid case, wherein the petitioner, who was the duty doctor in the hospital at the relevant time, was implicated as the accused for the offence punishable under Section 304-A of IPC.

2. The facts which lead to the filing of this Crl. M.C. is as follows:

On 31.03.2004, Smt. Bindu who is a relative of the 2nd respondent/de facto complainant, was admitted at Government Hospital, Kottathaparamba for a Mini lap surgery and the said surgery was conducted on 01.04.2004 by one Dr. Nandini. After the surgery, during the night, patient developed diarrhea and vomiting and her condition became worse. It was alleged that the duty nurse informed the duty doctor,