Anticipatory bail in money-laundering cases may be granted to a cooperating woman accused despite Section 45 rigour.

A woman accused in a money-laundering case was granted anticipatory bail under Section 438 CrPC because the Court found her cooperation with the investigation, the absence of any material showing obstruction, and the limited need for custodial arrest. The Court applied the proviso to Section 45 of the Prevention of Money Laundering Act, 2002, which permits release of a woman on bail, and noted that similarly placed co-accused had already received anticipatory bail. On that basis, the general rigour of Section 45 did not bar protection against arrest.

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Issues: Whether the applicant, being a woman and having cooperated with the investigation, was entitled to anticipatory bail in an offence under the Prevention of Money Laundering Act, 2002 notwithstanding the rigour of Section 45.

Analysis: The applicant was arrayed in proceedings arising out of money-laundering allegations and the Court noted that summons had been issued in a manner permitting appearance through an authorised person. The Court considered the statutory proviso to Section 45 of the Prevention of Money Laundering Act, 2002, which allows release of a woman on bail, along with the principles stated in decisions concerning cooperation in investigation and the limited necessity of arrest where custody is not required. The Court also took into account that similarly placed co-accused had already obtained anticipatory bail and that the applicant had not been shown to have obstructed the investigation.

Conclusion: The applicant was held entitled to anticipatory bail and protection under Section 438 of the Code of Criminal Procedure, 1973 was granted.

Ratio Decidendi: In a money-laundering case, anticipatory bail may be granted to a woman accused where the facts show cooperation with investigation and the Court is satisfied that custodial arrest is not , notwithstanding the general rigour of Section 45 of the Prevention of Money Laundering Act, 2002.

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