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The PMLA's statutory twin conditions apply equally to...
PMLA anticipatory bail requires satisfaction of twin conditions, while predicate-offence protection does not extend to independent money-laundering proceedings.
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The PMLA's statutory twin conditions apply equally to anticipatory bail in money-laundering matters. Bail-stage assessment is based on available material and probabilities, without a mini-trial; Section 50 statements may be considered with corroborative bank-account analysis and a financial trail. Repeated non-compliance with summons may be relevant to assessing whether an applicant is avoiding the inquiry. Where the material does not provide reasonable grounds to believe that the applicant is not guilty, anticipatory bail is unavailable. Money-laundering proceedings are distinct from predicate-offence proceedings, so pre-arrest protection in the predicate offence does not automatically extend to a PMLA proceeding.
The PMLA's statutory twin conditions apply equally to anticipatory bail in money-laundering matters. Bail-stage assessment is based on available material and probabilities, without a mini-trial; Section 50 statements may be considered with corroborative bank-account analysis and a financial trail. Repeated non-compliance with summons may be relevant to assessing whether an applicant is avoiding the inquiry. Where the material does not provide reasonable grounds to believe that the applicant is not guilty, anticipatory bail is unavailable. Money-laundering proceedings are distinct from predicate-offence proceedings, so pre-arrest protection in the predicate offence does not automatically extend to a PMLA proceeding.
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