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IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS, J
VARGHESE T.G – Appellant
Versus
ASSISTANT DIRECTORATE OF ENFORCEMENT DIRECTORATE OF ENFORCEMENT (ED) – Respondent
| Table of Content |
|---|
| 1. overview of charges against the petitioner. (Para 2 , 3) |
| 2. arguments regarding communication of arrest grounds. (Para 4 , 5) |
| 3. principles regarding constitutional rights upon arrest. (Para 6 , 7 , 8) |
| 4. analysis of communication failure and its impact on the arrest. (Para 10 , 11 , 12) |
| 5. final decision to grant bail based on legal principles. (Para 13 , 14) |
ORDER
This bail application is filed under section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘ BNSS ’).
2. Petitioner is the sixth accused in ECIR/KCZO/06/2024 of the Enforcement Directorate, Kochi registered alleging offences punishable under sections 3 and 4 of the Prevention of Money Laundering Act, 2002 (for short 'the PMLA')
3. The prosecution alleges that advertisements of various illegal Chinese loan applications were circulated by the accused through social media platforms to induce customers and after those applications were installed in the mobile phones of the customers, crucial data from their mobile phones, including contacts, photographs and files were retrieved and they were used to extort money using mule accounts of people based in Kerala which were later siphoned off and
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