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K. LAKSHMAN
Directorate of Enforcement Represented by its Assistant Director Hyderabad Zonal Unit – Appellant
Versus
Kamma Srinivasa Rao – Respondent
ORDER :
1. The lis involved in all the three criminal petitions is the same, therefore, the same were heard together and are disposed of by the following:
2. The Crl.P.No.9825 of 2021 is filed by the Directorate of Enforcement (DOE) under Section 482 of the Code of Criminal Procedure, 1973 (for short, ‘the Cr.P.C.’) to quash the proceedings in SR.No.8729 of 2021, dated 18.12.2021 on the file of the learned Metropolitan Sessions Judge at Nampally, Hyderabad.
3. The Crl.P.No.9846 of 2021 is filed by the DOE under Section 482 of the Cr.P.C. to quash the proceedings in SR.No.8731 of 2021, dated 18.12.2021 on the file of the learned Metropolitan Sessions Judge at Nampally, Hyderabad.
4. The Crl.P.No.10021 of 2021 is filed under Section 438 of the Cr.P.C. to enlarge the petitioner herein/Accused No.7 and respondent in Crl.P.No.9846 of 2021 on bail in the event of his arrest in Enforcement Cases Information Report (ECIR) i.e., ECIR/HYZO/22/2019 dated 23.12.2019 lodged by the DOE.
5. Vide note dated 31.12.2021, the Hon’ble Chief Justice directed the registry to list Crl.P.No.10021 of 2021 along with the Crl.P.No.9846 of 2021 before the Court having roster to deal with Criminal Petitions (quash)
Point of Law : For making an application in terms of section 439 of code, a person has to be in custody and section 438 of the code deals with direction for grant of bail to person apprehending arres....
Point of Law - For making an application in terms of section 439 of code, a person has to be in custody and section 438 of the code deals with direction for grant of bail to person apprehending arres....
(1) Section 88 of Cr.P.C. is in no manner inconsistent with provisions of PMLA – Section 88 will apply after filing of a complaint under Section 44(1)(b) of PMLA – Order accepting bonds under Section....
An application seeking anticipatory bail is maintainable even if the petitioner is not named as an accused in the ECIR or the prosecution complaint.
Grant of anticipatory bail to some extent interferes in the sphere of investigation of an offence and hence, the court must be circumspect while exercising such power for grant of anticipatory bail.
The gravity of economic offences, potential influence on witnesses and evidence, and the failure to satisfy the twin conditions for bail under Section 45 of the PMLA were central to the court's decis....
The provisions of S.45 of the PMLA do not apply to anticipatory bail proceedings, allowing for bail grants based on case-specific circumstances.
The judgment establishes that in cases of money laundering under the PMLA, the conditions for granting anticipatory bail are stringent, requiring the accused to prove their innocence, and that the co....
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