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HIGH COURT OF KERALA
MR. JUSTICE P.V.KUNHIKRISHNAN, J
SHRI. SATHEESH KUMAR P – Appellant
Versus
ASSISTANT DIRECTOR – Respondent
ORDER :
These Bail Applications are filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita (for short, BNSS ).
2. Petitioners are the accused in Crime No.ECIR/KCZO/45/2021, which was registered by the Enforcement Directorate, Kochi, for allegedly committing the offences under Section 3 read with Section 17, which is punishable under Section 4 of the Prevention of Money Laundering Act, 2002 (for short, Act 2002).
3. The prosecution case in brief is that, from 2014 to 2020, accused Nos. 1 to 6 sanctioned and disbursed multiple loans from the Karuvannur Service Co-operative Bank (for short, Bank), to the same person, against the loan limits set by the Bank, by accepting the title deeds of the same property as collateral security and have forged the membership records of the Society and including persons who are not members of the Society. The accused had furnished false addresses, manipulated the software of the computer system, and disbursed loans in the names of property owners without their knowledge or consent. The accused persons had also manipulated the inventory of the supermarket run by the Bank. Consequently, the accused cheated and misappropriated an amount of Rs.100 Cro
Bail is the rule and jail is the exception; prolonged pre-trial detention without trial infringes on the right to a speedy trial under Article 21.
Prolonged incarceration can lead to bail grant in economic offence cases even under stringent PMLA provisions if no feasible trial timeframe exists.
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....
PMLA Section 45 twin conditions relaxable by constitutional courts for bail if prolonged custody (over 2 years) and unlikely timely trial violate Article 21, absent accused delay, with voluminous doc....
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.
Prolonged detention under PMLA without a reasonable trial timeframe infringes on the right to a speedy trial under Article 21, warranting bail.
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.
The right to a speedy trial is fundamental under Article 21 of the Constitution, and prolonged incarceration without trial violates this right, warranting bail.
PMLA Section 45 twin conditions relaxable by constitutional courts where voluminous evidence delays trial unreasonably, prolonged custody violates Article 21 speedy trial right, ensuring bail despite....
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