Mombasa tycoon Ali Punjani, who is being sought by police over drug trafficking, filed an anticipatory bail in the High Court Wednesday.
Mr Punjani, who is out of the county, made the application through his lawyer Jared Magolo.
The tycoon was admitted to Asian Heart Institute in India early last month where he underwent open-heart surgery, according to his personal assistant.
He was expected back in the country last week but he never came.
Mombasa police had said upon his arrival, Mr Punjani will be arrested for interrogation.
“We will arrest him the minute he gets into the country. We want him to come and explain to us where he got all his wealth. We got a lot of cheques, title deeds and more than Sh63,000 from his house during our crackdown,” said outgoing Mombasa police boss Johnston Ipara.
Mr Ipara, who has since been transferred to Uasin Gishu, had maintained that the businessman remains a drug trafficking suspect as they believe he is directly or indirectly involved in the narcotics trade.
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