O R D E R

The petitioner is the accused in C.C. No.99/2023 on the file of the Court of the Judicial First Class Magistrate, Pala, which arises out of Crime No.2331/2022 registered by the Pala Police Station, Kottayam District, as against the petitioner for allegedly committing the offences punishable under Section s 279 , 337 and 338 of the Indian Penal Code . After the investigation, in Annexure II final report, the offence under Section 338 was deleted and the offence under Section 304(A) was added.

2. The gist of the prosecution case is that: on

15.08.2022, at about 12:00 noon, while the petitioner was driving his car from Pala to Paiga, and when he reached the place named Poovarnani-Vilakkumaruthy; a scooter driven by a minor girl, aged 15 years, named Nerin John Ann (fourth respondent), with her father on pillion, cut across the road and hit against the petitioner’s car. The pillion rider died in the said incident.

3. I have heard the learned Counsel appearing for the petitioner and the learned Public Prosecutor.

4. The learned counsel for the petitioner submits that, it is only due to the negligent driving of the scooter by the fourth respondent that the incident occurred. Even