Anticipatory bail under PMLA is not available once a summoned accused is already amenable to the Special Court's custody

A person summoned by a Special Court under the Prevention of Money-Laundering Act, 2002 cannot ordinarily seek anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 when no non-bailable warrant has been issued and the person is already amenable to the court's custody. The court noted that the Special Court functions as a court of first instance and may apply the Code through Sections 46(1) and 65, but the exceptional remedy of anticipatory bail is not attracted in these circumstances. The proper course is to appear before the Special Court and seek regular bail on its own merits.

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Issues: Whether anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 was maintainable when the applicant had been summoned by the Special Court under the Prevention of Money-Laundering Act, 2002 and no non-bailable warrant had been issued.

Analysis: The Special Court under the Prevention of Money-Laundering Act, 2002 functions as a court of first instance and, subject to the statutory scheme, may apply the provisions of the Code of Criminal Procedure, 1973 to proceedings before it. The Court relied on the statutory framework under the Prevention of Money-Laundering Act, 2002, including the applicability of the Code through Sections 46(1) and 65, and the powers of the Special Court in relation to appearance and custody. It held that once a person is summoned and is amenable to the custody of the court, the exceptional remedy of anticipatory bail is not attracted merely because the offence is non-bailable, especially when the court has not issued a non-bailable warrant. The proper course for the applicant was to appear before the Special Court and seek regular bail on its own merits.

Conclusion: Anticipatory bail was not maintainable in the circumstances and no relief was granted.

Final Conclusion: The application was rejected, while leaving the applicant free to seek regular bail before the Special Court in accordance with law.

Ratio Decidendi: A person already summoned and amenable to the custody of the Special Court cannot ordinarily invoke anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 in the absence of a non-bailable warrant; the appropriate remedy is to appear and seek regular bail.

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