AMBALATHU VEETTIL MUHAMMED ALI Vs. DISTRICT POLICE CHIEF

JUDGEMENT

(1.) THE petitioner, apprehending arrest in Crime No.253/2011, who is alleged to have committed offences punishable under Sections 406, 420, 416 and 407 of IPC has approached this Court seeking anticipatory bail.

(2.) THE case of the petitioner had a chequered carrier. While he was abroad, to be more specific in UAE, he entered into a partnership business with a resident of that place. THE partnership ran into trouble and petitioner left for his native place. It is alleged that in his absence proceedings were initiated by his counter part in UAE which resulted in a judgment against the petitioner. THE order of conviction was passed against him by the Foreign Court. When on that basis, he was sought to be arrested in India, he approached this Court for necessary relief pointing out that the attempt to arrest him was without proper authorisation. In WPC No. 27412/2006, this Court by order dated 14.11.2008 observed that unless proper documents are received by the officials in India the petitioner shall not be arrested.

(3.) TRUE, going by a decision reported in Samaruddin V. Assistant Director of Enforcement [1999(2)KLT 794 (FB)] a crime can certainly be registered in India for offences committed in abroad subjected to certain conditions. Therefore, petitioner cannot take objection to the registration of the crime against him at the Thrithala Police station. However, the further question is whether the petitioner is liable to be arrested in view of the various orders of this Court and where his custodial interrogation is necessary for the purpose of the crime registered against him.