Anticipatory bail in money-laundering cases may be granted to a woman or sick person who cooperates with investigation.

Anticipatory bail under the Prevention of Money Laundering Act, 2002 may be granted despite the general rigour of section 45 where the applicant falls within the proviso for a woman or a sick or infirm person and the surrounding facts show cooperation with the investigation. The High Court noted that the applicant was a woman with serious medical ailments, had appeared through an authorised representative, and was not shown to have obstructed the inquiry; it also considered that similarly placed co-accused had already received anticipatory bail. On those facts, the application was allowed.

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Issues: Whether anticipatory bail should be granted to an accused in a money-laundering case in light of the proviso to section 45 of the Prevention of Money Laundering Act, 2002 and the surrounding circumstances.

Analysis: The application arose from allegations under the Prevention of Money Laundering Act, 2002. The record showed that the applicant was a woman, had serious medical ailments, had been permitted to appear through an authorised representative, and was not shown to have obstructed the investigation. The Court considered the statutory rigour of section 45 of the Prevention of Money Laundering Act, 2002, the proviso enabling bail to a woman or a sick or infirm person, and the principles governing arrest and custody discussed in the cited decisions. The Court also noted that similarly placed co-accused had already been granted anticipatory bail.

Conclusion: The applicant was entitled to anticipatory bail and the application was allowed.

Ratio Decidendi: In a case under the Prevention of Money Laundering Act, 2002, anticipatory bail may be granted where the applicant falls within the statutory proviso and the facts show cooperation in investigation, notwithstanding the general rigour of section 45.

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