Anticipatory bail in money-laundering probes may be premature while investigation is ongoing and arrest grounds remain under review.

Pre-arrest protection was declined in a money-laundering investigation under the Prevention of Money Laundering Act, 2002, because the investigation was still in progress and the applicant had not yet been finally arrayed as an accused. The Court considered the seriousness of the alleged economic offence and noted that arrest under the Act is to be exercised by senior officers on sufficient grounds. On the material then available, the request for anticipatory bail was held premature, and the statutory power of arrest was not interfered with.

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Issues: Whether anticipatory bail should be granted to a person apprehending arrest in a money-laundering investigation under the Prevention of Money Laundering Act, 2002.

Analysis: The application was considered in the context of the scheme of the Prevention of Money Laundering Act, 2002, the gravity of the alleged economic offence, and the stage of the investigation. The materials disclosed that the applicant had been questioned, that the investigation was still in progress, and that the Enforcement Directorate had not yet concluded whether he would be arrayed as an accused. The Court also noted the statutory framework under which arrest under Section 19 of the Act is to be exercised by senior officers on sufficient grounds, and held that the request for pre-arrest protection was premature. In light of the serious nature of the alleged offence and the investigative material then available, the Court declined to interfere with the statutory power of arrest.

Conclusion: Anticipatory bail was not warranted and the request was rejected.

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