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TMI Blog2017 (7) TMI 622X X X X Extracts X X X X X X X X Extracts X X X X ..... he respondent accused cannot be disturbed in this petition. However, the materials in the hands of the Directorate of Enforcement can be submitted to the concerned Court at the time of submitting the complaint. With these observations, petition is rejected. - Criminal Petition No. 3428/2017 - - - Dated:- 10-7-2017 - Rathnakala, J. For the Petitioner : Sri. Karunakara P. For the Respondent : Sri Sachin V. R. ORDER The petitioner / Directorate of Enforcement, Bengaluru Zonal Office, Bengaluru, represented by its Assistant Director is before this Court seeking to cancel the bail granted on 12.04.2017 in favour of the respondent - accused by the Special Court for CBI cases. 2. The fact is, the CBI submitted a charge she ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... een considered before admitting him to bail. The Court below has not given its consideration to the requirements of Section 45 (i) (ii) of the PML Act, that, there must be reasonable grounds to believe that the accused is not guilty of the offences and he will not repeat the offence. In the present case, to the satisfaction of the Court regarding innocence to the accused is not recorded. Since the respondent was not co-operating with the investigation, he was arrested. In view of the bail granted by the Special Court there is likelihood of destruction the evidence and also swindling the proceeds of the crime. He has admitted before the Investigating Officer that the companies floated by him along with his associates are only on paper and no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent (the accused in the said case was charge sheeted for the offences punishable under IPC, Telecommunication Laws and Prevention of Corruption Act). It was also observed that no apprehension was expressed by the prosecution that if the accused being released on bail he would interfere with trial or tamper evidence and it was a balanced approach to grant bail subject to conditions rather than to keep individuals under detention for an indefinite period. From the date of the submission of the source report till date no progress is achieved by the prosecution. It is not the case of the petitioner that the accused has violated any terms of the conditions imposed or misrepresented/suppressed any material fact from the Court while granting bail. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... which was fortified by the documents which had collected during investigation in Spl.C.C.No.137/2014. Arrest of a person under the PML Act is covered by Section 19 of the said Act, which read thus: Section 19 - Power to arrest: (1) If the Director, Deputy Director, Assistant Director, or any other officer authorised in this behalf by the Central Government by general or special order, has on the basis of material in his possession reason to believe (the reason for such belief to be recorded in writing) that any person has been guilty of an offence punishable under this Act, he may arrest such person and shall, as soon as may be, inform him of the grounds for such arrest. (2) The Director, Deputy Director, Assistant Director or an ..... X X X X Extracts X X X X X X X X Extracts X X X X
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