Anticipatory bail in PMLA cases may be granted where cooperation is shown and custodial interrogation is unnecessary.

Anticipatory bail under Section 438 CrPC was treated as available in a PMLA investigation where the accused had cooperated with the agency, the main accused had already been interrogated, and further custodial interrogation of the petitioner was not shown to be necessary. Section 45 of the PMLA was not accepted as a bar to considering anticipatory bail on the facts. The Court relied on the substantial progress of the investigation and the petitioner's repeated appearance when called, and granted bail subject to conditions to secure continued cooperation and fairness in the investigation.

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Issues: Whether anticipatory bail should be granted in an investigation under the Prevention of Money Laundering Act, 2002 when the petitioner had cooperated with the investigating agency, the main accused had already been interrogated, and further custodial interrogation of the petitioner was not shown to be necessary.

Analysis: Anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 is intended to protect a from unnecessary arrest and humiliation, while still permitting the Court to impose suitable conditions. The reliance on Section 45 of the Prevention of Money Laundering Act, 2002 was not accepted as a bar to proceedings under Section 438, and the Court treated the question of bail on the facts of the case. The Court noted that the petitioner had been appearing before the authorities when called, the major part of the investigation had been completed, the principal accused had already been arrested and interrogated, and the respondent had not satisfactorily explained why custodial interrogation of the petitioner was still required.

Conclusion: Anticipatory bail was held to be justified and was granted to the petitioner subject to conditions.

Final Conclusion: The petition was allowed because further custodial interrogation was not shown to be necessary and the investigation had substantially progressed, while appropriate safeguards were imposed to secure cooperation and fairness in the investigation.

Ratio Decidendi: Anticipatory bail may be granted in a money-laundering investigation where the accused has cooperated, the investigation is substantially complete, and the need for custodial interrogation is not established, subject to conditions ensuring fair investigation.

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