M BASKARAN Vs. STATE

JUDGEMENT

(1.) This is a petition under Section 439 of the Code of Criminal Procedure, 1973 (hereinafter to be referred as Criminal Procedure) for bail.

(2.) It appears that on the basis of a telex message received from Kaula Lampur. Malayasia. the petitioner was arrested by the Police Station Indraprastha Estate. New Delhi on 14th December, 19S8 under Section 41 (l)(g) of the Criminal Procedure which authorises a Police Officer to arrest a person without an order from Magistrate and without a warrant for an alleged offence of Criminal Breach of Trust by a Public Servant under Section 409 of the Malayasian Penal Code.

(3.) After the arrest, the petitioner was produced before Shri R K. Jain, Metropolitan Magistrate who fixed the matter for 16th December, 1988, The bail application of the petitioner which was preferred by him to the learned Magistrate was kept pending on the request of the State Counsel claiming that enquiry was pending and directions of the Home Ministry, Government of India were being sought.