Prima facie illegality in arrest under PMLA supported interim bail pending writ proceedings, subject to cooperation conditions.

A prima facie challenge to arrest under the PMLA and the applicable criminal procedure safeguards justified interim bail pending the writ petition. The Court noted that the arrest appeared contrary to the statutory arrest requirements and not in consonance with Chapter XII of the CrPC, while continued judicial custody was not shown to be necessary. In light of the petitioner's undertaking to cooperate and appear when required, interim bail was granted during the pendency of the proceedings, subject to conditions. The larger legal questions on the validity of the arrest were left for final consideration.

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Issues: (i) Whether interim bail should be granted during pendency of the writ petition challenging the legality of the arrest and detention under the PMLA.

Analysis: The petition raised a prima facie challenge to the arrest procedure, including compliance with the PMLA and the applicable criminal procedure safeguards. The Court found a prima facie case that the arrest on 25 January 2018 was contrary to Section 19 of the Prevention of Money Laundering Act, 2002 and that the procedure followed was not in consonance with Chapter XII of the Code of Criminal Procedure, 1973. The Petitioner had been in custody since 25 January 2018, and the need for continued judicial custody was not explained. The Petitioner also undertook to cooperate with the investigation and to appear when required.

Conclusion: Interim bail was granted to the Petitioner during the pendency of the writ petition, subject to conditions.

Final Conclusion: The Petitioner obtained temporary release pending adjudication of the larger legal questions, while the main writ petition was left for consideration by a larger Bench.

Ratio Decidendi: Where the Court finds a prima facie illegality in arrest and no demonstrated necessity for continued custody, interim bail may be granted pending final adjudication, subject to suitable conditions.

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