Anticipatory bail in PMLA proceedings granted where custodial interrogation was not sought and cooperation conditions were imposed.

Pre-arrest protection was granted in a PMLA prosecution after the Court noted the restrictive bail regime under Section 45 but found that the applicant had already been called, his statements recorded, and custodial interrogation was not pressed by the prosecution. Treating the matter as involving serious economic offences, the Court nevertheless held that the existing record justified anticipatory bail. The applicant was protected from arrest on furnishing bonds and was directed to cooperate with the investigation.

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Issues: Whether the applicant was entitled to anticipatory bail in a prosecution under the Prevention of Money Laundering Act, 2002.

Analysis: The applicant sought pre-arrest protection under Section 438 of the Code of Criminal Procedure, 1973 in relation to an ECIR under the Prevention of Money Laundering Act, 2002. The allegations were treated as serious economic offences, and the restrictive bail regime under Section 45 of the Prevention of Money Laundering Act, 2002 was noted. At the same time, the record showed that arrest had not been sought earlier, the applicant had already been called and his statements recorded, and the prosecution did not press for custodial interrogation. The Court therefore found it appropriate to extend pre-arrest protection.

Conclusion: Anticipatory bail was granted to the applicant.

Final Conclusion: The applicant was protected from arrest on furnishing bonds and was required to cooperate with the investigation.

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