PMLA bail principle: completed investigation and filed complaint can outweigh continued pre-trial detention under restrictive bail conditions.

In a PMLA prosecution, the Court held that regular bail could not be withheld indefinitely under Section 45 once investigation was complete, the prosecution complaint had been filed, and further custodial interrogation was unnecessary. The applicant had remained in custody for a substantial period, the ECIR stemmed from the predicate offence, and the investigative stage had ended. On those facts, continued pre-trial detention was found to serve no fruitful purpose, and prolonged incarceration was not justified merely by the statutory bail restrictions. Regular bail was therefore granted.

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Issues: Whether regular bail should be granted in a PMLA prosecution after completion of investigation and filing of the prosecution complaint, in the context of the statutory restrictions under Section 45 of the Prevention of Money Laundering Act, 2002.

Analysis: The applicant had remained in custody for a substantial period and the ECIR arose out of the predicate offence. The investigation qua the applicant stood concluded and the prosecution complaint had already been filed. The record also showed that the applicant was arrested after a long delay, despite earlier searches and availability of the applicant in custody, and that further custodial interrogation was no longer required. The Court treated the continued detention as serving no fruitful purpose, and held that Section 45 of the Prevention of Money Laundering Act, 2002 cannot be used to justify indefinite incarceration where the investigative stage has ended and trial is likely to take time.

Conclusion: Regular bail was held to be warranted and was granted in favour of the applicant.

Final Conclusion: The applicant was enlarged on bail because the investigation was complete, the complaint had been filed, and further pre-trial custody was found unnecessary.

Ratio Decidendi: Once investigation is complete and custody is no longer required for inquiry or evidence collection, prolonged pre-trial detention cannot be sustained merely by invoking the restrictive bail conditions under Section 45 of the Prevention of Money Laundering Act, 2002.

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