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TMI Blog2022 (12) TMI 1374X X X X Extracts X X X X X X X X Extracts X X X X ..... he bank account of co-accused. Even if it is believed that part of proceeds of crime was transferred in the bank account of co-accused, Atikur Rahman that itself may not be sufficient to prove that the accused-applicant has dealt with the proceeds of crime amounting to Rs. 1,36,14,291/-which had been allegedly received by K.A. Rauf Sherif. Considering the facts, coupled with the contention on behalf of the accused-applicant that in the present case the twin conditions, as mentioned under Section 45 of the PMLA, are not attracted inasmuch as the proceeds of crime is less than Rs.1 Crore and there is no likelihood of the accused-applicant to commit the same offence in future, and the fact the accused-applicant has already been in prison in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the Press Council of India; he had been working for AZHIMUKHAM.COM since January, 2020; he was travelling to Hathras (U.P.) to cover up an incident which had received wide coverage in print and electronic media. It appears that the accusedapplicant was travelling to Hathras on direction given by Mr. Sasidharan, Manager of the said news portal AZHIMUKHAM.COM; he was arrested by the U.P. Police on 05.10.2020 in connection with Crime No.0199 of 2020 registered at Police Station Maant, District Mathura in respect of offences under Sections 153-A, 295-A and 124 IPC, Sections 17 and 18 of the Unlawful Activities (Prevention) Act, 1967 and Sections 65, 72 and 76 of the Information Technology Act, 2000. 4. The accused-applicant had been gran ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... crime so acquired and possessed by K.A. Rauf Sherif and his associates, who are settled abroad, was for the purpose of purchasing land and in this manner a part of the amount was deposited in his account to enable him for its future use. The proceeds of crime generated through the offence of criminal conspiracy under Section 120-B IPC, which is scheduled offence under PMLA, was used by K.A. Rauf Sherif and his associates, namely, Atikur Rahman, Masud Ahmed, Sidhique Kappan (present accused-applicant) and Mohd. Alam to commit offences under Sections 17 and 18 of the Unlawful Activities (Prevention) Act, 1967 which have been invoked in the in FIR No.0199 of 2020 dated 07.10.2020, which are also scheduled offences under the PMLA. The money tr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... been mentioned in the detailed complaint that how much money was used by the accused-applicant or any other money was transferred except for Rs.5,000/-, which was transferred in the bank account of Atikur Rahman. The learned counsel further submits that mere association of the accused-applicant with PFI, even if it is believed to be true, would not make out an offence under the PMLA. Even if contents of the complaint are believed to be true, no offence under Section 3 of the PMLA is made out against the accusedapplicant. It is further submitted that twin conditions, as prescribed under Section 45 PMLA, are not even otherwise attracted in the present case inasmuch as the proceeds of crime which has been dealt with allegedly by the accused-a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the twin conditions, as mentioned under Section 45 of the PMLA, are not attracted inasmuch as the proceeds of crime is less than Rs.1 Crore and there is no likelihood of the accused-applicant to commit the same offence in future, and the fact the accused-applicant has already been in prison in predicate offences from 05.10.2020 till he was enlarged on bail by the Supreme Court, and thereafter he is in custody of the ED, I am of the view that the accused-applicant is entitled to be released on bail. 13. The application is, thus, allowed. 14. Let applicant- Sidhique Kappan, accused of above-mentioned FIR/crime number, be released on bail on his furnishing a personal bond and two local and reliable sureties each in the like amount to the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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