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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
SAJEEVAN S/o. THYAGARAJAN – Appellant
Versus
UNION OF INDIA – Respondent
ORDER :
(C.S. DIAS, J.)
The application is filed under Section 439 of the Code of Criminal Procedure, 1973 , by the first accused in ECIRNo.KZSZO/12/2021, which is registered by the Enforcement Directorate, Kozhikode, against ten accused persons for allegedly committing the offences under Section 3 read with Section 17 and punishable under Section 4 of the Prevention of Money Laundering Act, 2002 (‘PMLA Act’, in short). The petitioner was arrested on27.09.2023.
2.The prosecution case, in brief, is that, the Vigilance and Anti- Corruption Bureau has registered FIR No.VC-02/2019-WYD against K.K.Abraham, the erstwhile President of the Pulpally Service Co- operative Bank (‘Bank’, in short), who had conspired with Remadevi.K.T (the then Secretary of the Bank) Sri.P.U.Thomas (the then Loan Section in charge of the Bank) and other Governing Body members of the Bank for allegedly committing the offences under the Prevention of Corruption Act, 1988 (‘P.C Act’, in short). The Investigating Officer filed charge sheets in four parts against 10 accused persons for allegedly committing the offences under Sections 409, 420, 468, 471, 201 and 120 B of the Indian Penal Code and Sections 13 (1) (d) r/w
The court emphasized the right to a speedy trial and liberty, allowing bail under the Prevention of Money Laundering Act after 15 months of custody, citing no likelihood of trial commencement.
The right to a speedy trial under Article 21 of the Constitution prevails, allowing bail under Section 436A of the CrPC despite statutory restrictions in the PMLA.
Prolonged incarceration before trial infringes on the right to speedy trial, necessitating bail under the Prevention of Money Laundering Act if trial delays are significant.
The right to a speedy trial is fundamental under Article 21, and prolonged incarceration without trial infringes on this right, warranting bail despite serious allegations.
The right to bail prevails over statutory restrictions when prolonged incarceration without trial violates constitutional rights.
PMLA Section 45 twin conditions yield to Article 21 where prolonged pre-trial detention exceeds reasonable time without trial progress, converting detention to punishment; bail granted as rule when e....
Bail – Offence of money laundering – If incarceration of an undertrial accused is continued for an unreasonably long time, provisions may be exposed to vice of being violative of Article 21 of Consti....
The right to a speedy trial under Article 21 allows for bail under Section 436A of the CrPC if the accused has served more than half of the maximum sentence for the offence charged.
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