Anticipatory bail in a PMLA case refused where repeated non-appearance and custodial interrogation were found necessary

Anticipatory bail under Section 438 CrPC in a PMLA investigation was refused where the applicant repeatedly failed to appear despite summons under Section 50 PMLA. The Court noted material showing alleged proceeds of crime were routed through entities linked to the applicant, including credits to a company where she was a director and a transfer to her personal account. In view of the need to explain those transactions and the requirement of custodial interrogation for the investigation, the application for anticipatory bail was dismissed.

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Issues: Whether anticipatory bail should be granted to an applicant facing investigation under the Prevention of Money Laundering Act, 2002 despite repeated non-appearance in response to summons and the need for custodial interrogation.

Analysis: The application was under Section 438 of the Code of Criminal Procedure, 1973 in connection with an ECIR under the Prevention of Money Laundering Act, 2002. The record showed that summons under Section 50 of the Prevention of Money Laundering Act, 2002 were issued on multiple occasions, but the applicant did not appear before the investigating agency. The Court also noted the material indicating transfer of alleged proceeds of crime through entities connected with the applicant, including credits into a company in which she was a director and a transfer into her personal account. On these facts, the Court found that her presence was required to explain the transactions and that custodial interrogation was necessary for the ongoing investigation.

Conclusion: Anticipatory bail was declined and the application was dismissed.

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