Anticipatory bail under money laundering law granted where statutory bail conditions were met and similarly placed accused had Supreme Court protection.

Anticipatory bail was considered for applicants facing prosecution under the Prevention of Money Laundering Act, with the Court applying the statutory requirements under Section 438 CrPC and Section 45 PMLA, including notice to the Public Prosecutor, reasonable grounds for bail, and satisfaction that the accused would not repeat the offence. The Court also noted that similarly placed accused persons had already obtained protection from the Supreme Court and treated the applicants as standing on the same footing. On that basis, the applicants were held entitled to anticipatory bail, with release on bail in the event of arrest subject to terms fixed by the trial Court and the requirement to seek regular bail before the competent Court.

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Issues: Whether the applicants were entitled to anticipatory bail in a prosecution under the Prevention of Money Laundering Act, 2002, in the light of the statutory conditions for bail and the benefit granted by the Supreme Court to similarly situated accused persons.

Analysis: The application was considered under Section 438 of the Code of Criminal Procedure, 1973, along with Section 45 of the Prevention of Money Laundering Act, 2002. The Court noted the requirement of opportunity to the Public Prosecutor and the statutory satisfaction regarding reasonable grounds and likelihood of non-repetition of offence. It also took note that similarly placed accused persons in the same matter had obtained protection from the Supreme Court, and that the relief sought by the applicants stood on the same footing.

Conclusion: The applicants were held entitled to anticipatory bail. In the event of arrest, they were directed to be released on bail on terms and conditions to be fixed by the trial Court, and thereafter to seek regular bail before the competent Court.

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