IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M- 6641 of 2010(O&M) Date of Decision: 22.04.2010. Vinod Kumar Tiku (written as Dr. V.K.Jain in FIR) ...... PETITIONER Versus State of Punjab. ...... RESPONDENT CORAM:- HON'BLE MR.JUSTICE RAM CHAND GUPTA Present: Mr. Rajinder Goyal, Advocate for the petitioner. Mr. Gaurav Garg Dhuriwala, AAG, Punjab. Mr. G.S.Thind, Advocate for the complainant. ***** RAM CHAND GUPTA, J.(Oral) The present petition has been filed for anticipatory bail under Section 438 of Code of Criminal Procedure in FIR No.109 dated 21.06.2009 under Section 304-A IPC (later on Section 304 IPC added) registered at P.S. city Khanna, District Ludhiana. I have heard learned counsel for the parties and have gone through the whole record. Crl.Misc.No. M 6641 of 2010 This Court while issuing notice of motion on 08.03.2010 passed the following order:- “Argues that petitioner is a qualified surgeon and that operation was performed by him to the best of his ability. Further argues that initially the case for offence under Section 304-A IPC was registered and petitioner was admitted to bail, however, later on Section 304 IPC has been added. It is further contended that co-accused have already been granted concession of anticipatory bail by learned Additional Sessions Judge, Ludhiana. Notice of motion for 22.04.2010. However, petitioner is directed to join the investigation and in case he is arrested, he shall be released on interim bail by the Arresting Officer to his satisfaction subject to compliance of conditions specified under Section 438(2) Cr.P.C.” It has been stated by learned counsel for the petitioner that petitioner has already joined the investigation pursuant to said order dated 08.03.2010. It has also been stated by learned counsel for the State, on instruction from ASI.Manjit Singh, that petitioner has joined the investigation and that he is not required for any custodial interrogation by the police. There are no allegations on behalf of the State that petitioner is likely to abscond or that he is likely to dissuade the witnesses from deposing true facts in the Court, if released on bail. Hence, in view of these facts and without expressing any opinion on the merits of the case, the anticipatory bail application filed by Vinod Kumar Tiku (written as Dr. V.K.Jain in FIR) is accepted and order dated 2 Crl.Misc.No. M 6641 of 2010 08.03.2010 granting interim bail to the petitioner is, hereby, made absolute subject to compliance of conditions specified under Section 438(2) Cr.P.C. The present petition stands disposed of accordingly. ( RAM CHAND GUPTA ) April 22, 2010. JUDGE 'om' 3