Anticipatory bail in money-laundering cases remains exceptional where prima facie material triggers the statutory restrictions on relief.

Anticipatory bail in money-laundering prosecutions under the Prevention of Money Laundering Act, 2002 is subject to the statutory rigour of section 45, and the Court may refuse relief where prima facie material shows a nexus between the applicant and the alleged laundering activity. The fact that no arrest was made during investigation, or that custodial interrogation is not shown to be necessary, is not by itself sufficient to secure anticipatory bail in such offences. The article treats anticipatory bail as an extraordinary remedy to be granted sparingly where the statutory threshold is not met, particularly given the premeditated nature and wider societal impact of money-laundering offences.

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Issues: Whether anticipatory bail should be granted in a prosecution under the Prevention of Money Laundering Act, 2002, in the face of the statutory restrictions under section 45 and the prima facie material indicating nexus with the alleged laundering activity.

Analysis: The application arose from allegations of money-laundering under sections 3 and 4 of the Prevention of Money Laundering Act, 2002. The record indicated prima facie nexus between the applicant and the principal accused, and the Court held that, at the stage of anticipatory bail, the material collected by the investigating agency was sufficient to attract the statutory rigour of section 45. The contention that no arrest was made during investigation and that custodial interrogation was unnecessary was held insufficient by itself, particularly in an offence, since such offences are committed with premeditated design and have wider societal impact. The Court treated anticipatory bail as an extraordinary remedy to be exercised sparingly in such matters.

Conclusion: Anticipatory bail was refused because the applicant did not satisfy the threshold for relief under section 45 of the Prevention of Money Laundering Act, 2002, and no ground for interference was made out.

Ratio Decidendi: In a money-laundering case, anticipatory bail cannot be granted merely because arrest was not made during investigation or custodial interrogation is not shown to be necessary; the Court must be satisfied, at least prima facie, that the statutory conditions for bail are met.

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