Anticipatory bail in PMLA cases faces strict scrutiny where serious economic offences and statutory constraints are alleged.

Anticipatory bail under Section 438 CrPC was sought in a PMLA prosecution involving allegations of large-scale economic wrongdoing and laundering of proceeds of crime. The Court treated economic offences as a distinct class requiring a stricter approach than ordinary penal offences and, in view of the seriousness of the allegations and the statutory constraints under Section 45 of the Act, declined to grant pre-arrest protection. Cooperation during investigation and the fact that arrest had not been made during investigation were not accepted as sufficient grounds on the facts. The application was rejected.

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Issues: Whether the accused-applicant was entitled to anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 in a prosecution under the Prevention of Money Laundering Act, 2002, having regard to the nature of the offence and the statutory constraints under Section 45 of that Act.

Analysis: The application was considered in the backdrop of allegations of large-scale economic wrongdoing and laundering of proceeds of crime. The Court treated economic offences as a distinct class requiring a different approach from ordinary offences under the penal law. On that basis, and in view of the seriousness of the allegations, the Court declined to extend the protection of anticipatory bail. The submission that cooperation during investigation and absence of arrest during investigation should tilt the balance in favour of bail was not accepted for grant of anticipatory bail on the facts of the case.

Conclusion: The accused-applicant was held not entitled to anticipatory bail and the application was rejected.

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