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Anticipatory bail under the PMLA may be considered despite proclamation proceedings or a declaration as a Fugitive Economic Offender where service of summons was ineffective. The notes explain that repeated service at an Indian address, despite the investigating agency's knowledge that the accused resided abroad and without steps for overseas service, does not establish due service or bar bail. The PMLA twin conditions require an assessment on broad probabilities, not a detailed determination of guilt. Protection from arrest does not prevent recovery or investigation, as the accused is deemed in custody for discovery purposes. After a complaint is filed, custodial interrogation requires an application to the Special Court.
Anticipatory bail under the PMLA may be considered despite proclamation proceedings or a declaration as a Fugitive Economic Offender where service of summons was ineffective. The notes explain that repeated service at an Indian address, despite the investigating agency's knowledge that the accused resided abroad and without steps for overseas service, does not establish due service or bar bail. The PMLA twin conditions require an assessment on broad probabilities, not a detailed determination of guilt. Protection from arrest does not prevent recovery or investigation, as the accused is deemed in custody for discovery purposes. After a complaint is filed, custodial interrogation requires an application to the Special Court.
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