Anticipatory bail in money laundering cases may be refused where the offence is serious and extraordinary relief is unwarranted.

Anticipatory bail under Section 438 CrPC may be refused in a prosecution under the Prevention of Money Laundering Act, 2002 where the alleged laundering is treated as a serious economic offence and the surrounding circumstances do not justify extraordinary relief. The Court considered the gravity of the offence, the material already on record, and the prior dismissal of the challenge to cognizance, and held that the discretion to grant anticipatory bail should not be exercised. Anticipatory bail was declined and the application was rejected.

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Issues: Whether anticipatory bail should be granted in a prosecution for offences under the Prevention of Money Laundering Act, 2002, involving a serious economic offence.

Analysis: The application was assessed on the nature of the and the surrounding circumstances, including the gravity of the economic offence, the material already on record, the prior dismissal of the challenge to cognizance, and the principle that anticipatory bail is an extraordinary remedy to be exercised sparingly in economic offences. The Court treated the alleged laundering offence as serious and distinct, and found no basis to enlarge the applicant on anticipatory bail.

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

Ratio Decidendi: In a serious economic offence under the Prevention of Money Laundering Act, 2002, anticipatory bail may be refused where the circumstances show that the extraordinary discretion under Section 438 of the Code of Criminal Procedure, 1973 ought not to be exercised.

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