PMLA anticipatory bail faces strict Section 45 limits when prima facie innocence is not established

Anticipatory bail under Section 438 CrPC in a PMLA prosecution is subject to the restrictive conditions in Section 45 of the Act. The Court held that, on the allegations and material before it, the required prima facie satisfaction that the applicant had not committed the offence was not made out, particularly where the complaint and charge-sheet had already been filed. As a result, the limited scope of pre-arrest bail did not justify relief, and anticipatory bail was refused.

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Issues: Whether anticipatory bail should be granted in a prosecution under the Prevention of Money Laundering Act, 2002 in the light of the restrictions under Section 45 of that Act.

Analysis: The application sought pre-arrest bail under Section 438 of the Code of Criminal Procedure, 1973 in a case arising from alleged laundering activity linked to the scheduled offence. The Court found that, having regard to the allegations and the materials referred to, the statutory satisfaction contemplated by Section 45 of the Prevention of Money Laundering Act, 2002 was not made out. It held that the power under Section 438 is of limited scope where the complaint and charge-sheet have already been filed and the requisite prima facie satisfaction that the applicant had not committed the offence was absent.

Conclusion: Anticipatory bail was refused, and the application was rejected.

Ratio Decidendi: In proceedings under the Prevention of Money Laundering Act, 2002, anticipatory bail cannot be granted unless the Court is satisfied, on a prima facie basis, that the applicant has not committed the offence and the statutory conditions are met.

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