Medical grounds can justify regular bail in money-laundering cases when Section 45 conditions are met and liberty can be secured by safeguards.

In a money-laundering prosecution, regular bail was considered on medical grounds under the proviso to Section 45 of the Prevention of Money Laundering Act, 2002. The Court noted that the investigation was complete, the complaint had been filed, the applicant's role was crystallised, and the case was largely documentary. It further relied on the applicant's prolonged custody, cooperation with the investigation, and serious medical ailments requiring continuing care, including morbid obesity and related comorbidities. On that basis, the applicant was treated as sick or infirm, and the statutory restriction was not regarded as an absolute bar where liberty could be protected by conditions. Regular bail was granted.

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Issues: Whether regular bail could be granted in a money-laundering prosecution on medical grounds by invoking the proviso to Section 45 of the Prevention of Money Laundering Act, 2002, and whether the applicant satisfied the twin conditions and the triple test.

Analysis: The investigation was complete, the prosecution complaint had been filed, and the applicant's role was already crystallised in the record. The applicant had remained in custody for a substantial period, had cooperated with the investigation, and the case was largely documentary in nature. The medical record showed serious ailments, including morbid obesity and associated comorbidities, and the Court noted that the applicant had already undergone bariatric surgery and required continuing medical care. In these circumstances, the statutory restriction under Section 45 of the Prevention of Money Laundering Act, 2002 was held not to bar release where the accused fell within the category of sick or infirm and where liberty could be secured through conditions.

Conclusion: Regular bail was granted to the applicant.

Ratio Decidendi: In a prosecution under the Prevention of Money Laundering Act, 2002, medical incapacity falling within the proviso to Section 45 can justify bail where the investigation is complete, the case is substantially documentary, and the risk of flight, tampering with evidence, or influencing witnesses can be addressed by conditions.

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