GEORGE KUTTY KUNCHERIA Vs. STATE

JUDGEMENT

(1.) This petition under Section 439 of the Code of Criminal Procedure read with Section 25 of the Extradition Act, 1962 has been filed on behalf of the petitioner for his release on bail till the conclusion of the enquiry pending against him in the court of learned Addl. Chief Metropolitan Magistrate, New Delhi on the basis of requisition received from the Embassy of the United States of America for the extradition of the petitioner.

(2.) The brief facts are that the petitioner was working as a Manager in the Banker's Acceptance department of the Chase Manhattan Bank in New York from 1980 to 1985. He later on resigned from his assignment and came back to India. He was arrested from his residence at Kerala on 12-4-1989 in pursuance to a warrant of arrest issued by learned Addl. Chief Metropolitan Magistrate New Delhi and taken to police station Ernakulam (Kerala) and produced before Chief Judicial Magistrate there who remanded him to police custody with direction to produce him before Sh. Bharat Bhushan, Addl. Chief Metropolitan Magistrate, New Delhi at the earliest.

(3.) The allegations leading to the arrest of the petitioner are that while in the service of the Chase Manhattan Bank as Manager he de-frauded and embezzled money of the Bank by preparing forged Banker's Acceptance which were later on dishonoured. It is further alleged that on basis of the forged banker's acceptance, the money was transferred to U.A.E. and the same was withdrawn by the friends of the petitioner and ultimately paid to him. On the basis of affidavits sworn by Dr. Joseph Verghese, Mr. Robert J. Crammer, Mr. Joseph A. Neilson. Mr. Fulbie Martinoloch, Mr. Ransfor S. Adzadi and Ms. Elaine G. Kubel, the U.S. Govt. sought his extradition.