Anticipatory bail and investigative custody balanced by the SC to protect completion of investigation and complaint filing.

Anticipatory bail was found unsuitable on the materials before the SC, but the Court avoided a detailed merits appraisal at that stage to prevent prejudice to the ongoing proceedings and the Trial Court. To secure completion of investigation and filing of the complaint, the Court moulded relief by setting aside the anticipatory bail, directing custody to the investigating agency for four weeks, and requiring the respondents to cooperate and surrender, with release on conditions if not wanted in any other case.

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Issues: Whether the anticipatory bail granted to the respondents was liable to be set aside and custody granted to the appellant-ED to facilitate completion of investigation and filing of the complaint.

Analysis: The Court found that, on the materials placed before it, the matter was not fit for anticipatory bail. At the same time, it considered that a detailed appraisal of the materials at that stage could prejudice the further proceedings and might influence the Trial Court. The relief was therefore moulded to secure the investigating agency's ability to complete the investigation and file the complaint, while also requiring cooperation from the respondents and providing for surrender and subsequent release on conditions if not required in any other case.

Conclusion: The anticipatory bail granted to both respondents was set aside and custody was granted to the appellant-ED for four weeks, subject to cooperation and surrender conditions.

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