HC grants relief to man facing extradition for theft in Thailand

New Delhi: An Indian citizen fearing arrest or extradition for committing an offence abroad can seek anticipatory bail , Delhi High Court has said, granting relief to a man facing extradition proceedings for alleged theft in Thailand .

Justice Sanjeev Narula, in a recent order, said the man remained accessible and demonstrated his willingness to cooperate with the inquiry. He added that the extradition request could be processed within the statutory framework without forfeiting his right to personal liberty.

"Since the alleged offence occurred in Thailand, there is hardly any possibility of the petitioner tampering with evidence or intimidating any witness.... It must be noted that pursuant to the directions of this court, he submitted his passport to the custody of the registrar of this court," the court said.

The court said he could be subjected to a conditional order under Section 438 instead of a custodial interlude. "Section 438 of the CrPC is not merely a statutory remedy; it is a procedural safeguard flowing directly from the constitutional command that no person shall be deprived of liberty except by just, fair, and reasonable procedure established by law," the court observed.

The court was hearing the plea of Shankesh Mutha challenging a trial court's order rejecting his anticipatory bail plea under BNS read with the Extradition Act. The plea said Mutha worked at a firm in Bangkok in 2013 and returned to India after eight years. However, the company filed a complaint against him in 2021, alleging that he stole eight diamonds worth around 15.16 million baht (Rs 3.89 crore) and fled.

The Southern Bangkok Criminal Court issued an arrest warrant, and Thai prosecutors commenced extradition efforts. The high court found merit in Mutha's submission of not having knowledge about any criminal proceedings.

"The petitioner has joined the inquiry... and there is no allegation of non-compliance or obstruction on his part," the court said.