Anticipatory bail under money-laundering law allowed where investigation had progressed and custodial interrogation was unnecessary.

Anticipatory bail under the Prevention of Money-Laundering Act, 2002 was considered in light of a substantially progressed investigation, the applicants' cooperation, and the absence of any demonstrated need for custodial interrogation. The Court treated the fact that they had not been arrested during the underlying corruption investigation and had continued to attend when required as relevant to the bail assessment. It also referred to the presumption of innocence and protection against self-incrimination, while finding the authorities cited on serious economic offences distinguishable on the facts. Anticipatory bail was granted subject to conditions.

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Issues: Whether the petitioners were entitled to anticipatory bail in connection with offences under the Prevention of Money-Laundering Act, 2002.

Analysis: The petition was considered in the context of an earlier corruption investigation in which the petitioners had not been arrested during investigation and had not been subjected to custodial interrogation even after the money-laundering investigation commenced. The Court noted that the investigation had substantially progressed, that the petitioners had been attending the investigation when required, and that custodial interrogation was not shown to be necessary at that stage. The Court also referred to the presumption of innocence and the constitutional protection against self-incrimination, and found the cited authorities on serious economic offences distinguishable on the facts.

Conclusion: The petitioners were held entitled to anticipatory bail, subject to conditions.

Ratio Decidendi: Where the investigation has substantially progressed and custodial interrogation is not shown to be necessary, anticipatory bail may be granted notwithstanding allegations under the Prevention of Money-Laundering Act, 2002, particularly where the accused has cooperated with investigation.

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