PMLA twin-bail conditions apply to anticipatory bail where prima facie laundering allegations and tainted-money transfers are shown.

Allegations under the Prevention of Money Laundering Act, 2002 were found to prima facie show possession, use, and transfer of tainted money on the principal accused's instructions, bringing the applicant within Section 3. The Court held that the restrictive twin conditions under Section 45 apply even to anticipatory bail, and that the applicant had not shown any sufficient basis for relaxation on grounds of sickness, infirmity, age, or gender. On that assessment, the statutory bail requirements were not met and anticipatory bail was refused.

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Issues: Whether anticipatory bail should be granted to the applicant in view of the allegations under the Prevention of Money Laundering Act, 2002 and the statutory rigour of the bail conditions.

Analysis: The material placed before the Court, including the complaint and statements recorded under the Act, prima facie indicated that the applicant was in possession and use of tainted money and had transferred it on instructions of the principal accused. The Court held that the allegations attracted Section 3 of the Prevention of Money Laundering Act, 2002 and that the restrictive twin conditions under Section 45 applied even to an application for anticipatory bail. The Court further found that no sufficient material had been produced to show that the applicant was sick or infirm so as to attract any relaxation merely on the basis of age or gender. On this assessment, the Court concluded that the applicant had not satisfied the statutory requirements for bail.

Conclusion: Anticipatory bail was not granted and the application was rejected.

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