Anticipatory bail in PMLA matters may follow once investigation ends and custodial interrogation is no longer needed.

Where investigation is complete, the complaint has been filed, and custodial interrogation is no longer necessary, anticipatory bail may be granted if there is no real apprehension that the accused will abscond or evade the process of law. The HC noted that the petitioner had already been interrogated, her bank account and properties had been seized, and the main accused had obtained bail. On those facts, the Court found no basis to require further custody and exercised power under Section 438 CrPC to grant anticipatory bail in a prosecution under the Prevention of Money Laundering Act, 2002.

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Issues: Whether anticipatory bail should be granted after investigation was completed and complaint filed in a prosecution under the Prevention of Money Laundering Act, 2002.

Analysis: The petitioner had already been interrogated, her bank account and properties had been seized, and the complaint had been filed before the trial court. The Court noted that the main accused had already been enlarged on bail and there was nothing to indicate that the petitioner was likely to abscond or avoid appearance. In these circumstances, custodial interrogation was held to be unnecessary and the case was found fit for exercise of power under Section 438 of the Code of Criminal Procedure, 1973.

Conclusion: Anticipatory bail was granted in favour of the petitioner.

Ratio Decidendi: Where investigation is complete, complaint has been filed, and custodial interrogation is not required, anticipatory bail may be granted if there is no real apprehension that the accused will abscond or evade the process of law.

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