2023 (2) TMI 72 - HC - Money Laundering

Seeking grant of anticipatory bail - allegations of laundering a massive sum of money in connivance with main accused - petitioner argued that the custodial investigation would serve no purpose whatsoever, and the pre-trial incarceration would cause an irreversible injustice to the petitioner and family. HELD THAT - The petitioner is directed to join the investigation as and when called by the Investigator. The petitioner shall be in deemed custody for Section 27 of the Indian Evidence Act. The petitioner shall join the investigation as and when called by the Investigating Officer or any Superior Officer; and shall cooperate with the investigation at all further stages as required. In the event of failure to do so, it will be open for the prosecution to seek cancellation of the bail. Whenever the investigation occurs within the police premises, the petitioner shall not be called before 8 AM, let off before 6 PM, and shall not be subjected to third-degree, indecent language, inhuman treatment, etc. - The petitioner shall not influence, browbeat, pressurize, make any inducement, threat, or promise, directly or indirectly, to the witnesses, the Police officials, or any other person acquainted with the facts and the circumstances of the case, to dissuade them from disclosing such facts to the Police, or the Court, or to tamper with the evidence. The bail bonds shall remain in force throughout the trial and after that in Section 437-A of the Cr.P.C., if not canceled due to non-appearance or breach of conditions. Any Advocate for the petitioner and the Officer in whose presence the petitioner puts signatures on personal bonds shall explain all conditions of this bail order in any language that the petitioner understands - If the petitioner finds bail condition(s) as violating fundamental, human, or other rights, or causing difficulty due to any situation, then for modification of such term(s), the petitioner may file a reasoned application before this Court, and after taking cognizance, even to the Court taking cognizance or the trial Court, as the case may be, and such Court shall also be competent to modify or delete any condition. There would be no need for a certified copy of this order for furnishing bonds, and any Advocate for the Petitioner can download this order along with case status from the official web page of this Court and attest it to be a true copy. In case the attesting officer wants to verify the authenticity, such an officer can also verify its authenticity and may download and use the downloaded copy for attesting bonds. Petition allowed.

Summary

Issues:
Petitioner seeking anticipatory bail in a money laundering case under PMLA.

Analysis:
1. The petitioner approached the court seeking anticipatory bail to avoid arrest in a complaint related to money laundering activities.
2. The petitioner declared no criminal antecedents in the bail petition.
3. The petitioner's counsel argued against custodial investigation, citing potential injustice to the petitioner and family.
4. The Enforcement Directorate (ED) opposed the bail application.
5. The court ordered the respondent to provide an affidavit explaining why the petitioner was not arrested earlier and extended the interim order.
6. The ED responded, mentioning the arrest of the main accused and the filing of the prosecution complaint.
7. The ED indicated a possibility of arresting the petitioner if bail is denied, but the court found no reason to reject bail.
8. The court emphasized imposing stringent conditions to prevent influencing the investigation or tampering with evidence.
9. The court granted bail with specific terms and conditions, ensuring the recovery of the embezzled money.
10. The court allowed the petitioner to choose between surety bonds and fixed deposits for bail.
11. The petitioner was directed to cooperate with the investigation and not influence witnesses or tamper with evidence.
12. The petitioner had to submit a detailed affidavit of assets and liabilities within fifteen days.
13. The bail conditions were to remain in force throughout the trial.
14. The court's conditions aimed at balancing the accused's liberty and the necessity of a fair trial.
15. The petitioner and the officer present had to explain all bail conditions to ensure understanding.
16. The petitioner could seek modification of bail conditions if necessary.
17. The order did not restrict the investigating agency from further investigation.
18. The bail order would cover any additional penal offences added to the case.
19. Observations made in the order were not to influence the trial court's decision.
20. The court expected desirable behavior from the accused in return for protection from incarceration.
21. Certified copies of the order were not required for furnishing bonds, and advocates could download and attest the order from the court's official website.