Anticipatory bail in money-laundering cases may be granted where evidence is documentary and custodial interrogation is unnecessary.

Anticipatory bail in a money-laundering prosecution may be granted where the case is driven mainly by documentary material already seized, the accused has complied with summons, and no concrete risk of absconding, tampering with evidence, or influencing witnesses is shown. The court noted that custodial interrogation was not demonstrated to be necessary and that the twin conditions in Section 45 of the Prevention of Money Laundering Act do not govern an anticipatory bail request, while the power under Section 438 CrPC remains available on the facts. Pre-arrest protection was therefore granted subject to cooperation and conditions safeguarding the investigation.

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Issues: Whether the petitioner was entitled to anticipatory bail in connection with the proceedings under the Prevention of Money Laundering Act, 2002.

Analysis: The proceedings arose from earlier FIR-based allegations and the material against the petitioner was substantially documentary in nature. The relevant documents had already been seized, the petitioner had previously obtained anticipatory bail in the connected criminal case, and he had appeared in response to the Enforcement Directorate summons. In the absence of any tangible material showing a real risk of absconding, tampering with evidence, or influencing witnesses, custodial interrogation was not shown to be necessary. The Court also noted that the twin conditions under Section 45 of the Prevention of Money Laundering Act, 2002 do not govern a request for anticipatory bail, while the power under Section 438 of the Code of Criminal Procedure, 1973 remains exercisable on the facts of the case.

Conclusion: Anticipatory bail was granted to the petitioner.

Final Conclusion: The petitioner was held entitled to pre-arrest protection, subject to conditions ensuring cooperation with investigation and safeguarding the process of law.

Ratio Decidendi: Anticipatory bail may be granted in a money-laundering case where the evidence is principally documentary, the relevant material is already secured, and there is no concrete risk of flight, tampering, or non-cooperation warranting custodial interrogation.

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