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    <title>2023 (9) TMI 1473 - KERALA HIGH COURT</title>
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    <description>Regular bail under section 45 of the Prevention of Money Laundering Act, 2002 was granted because the Court found reasonable grounds to believe that the accused was not guilty and was unlikely to reoffend. The predicate offences, mainly under sections 420 and 421 of the Indian Penal Code, 1860, had not been independently established, and cheating under section 420 requires dishonest or fraudulent intention from the inception. The statutory presumption under section 24 of the PMLA did not create a presumption of guilt for the predicate offences, and the materials relied on were insufficient to justify denial of bail at that stage. The accused&#039;s age, prolonged custody, attachment of properties, surrender of passport, and low risk of repetition also supported bail.</description>
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    <pubDate>Thu, 14 Sep 2023 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=314149</link>
      <description>Regular bail under section 45 of the Prevention of Money Laundering Act, 2002 was granted because the Court found reasonable grounds to believe that the accused was not guilty and was unlikely to reoffend. The predicate offences, mainly under sections 420 and 421 of the Indian Penal Code, 1860, had not been independently established, and cheating under section 420 requires dishonest or fraudulent intention from the inception. The statutory presumption under section 24 of the PMLA did not create a presumption of guilt for the predicate offences, and the materials relied on were insufficient to justify denial of bail at that stage. The accused&#039;s age, prolonged custody, attachment of properties, surrender of passport, and low risk of repetition also supported bail.</description>
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      <pubDate>Thu, 14 Sep 2023 00:00:00 +0530</pubDate>
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