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2021 (5) TMI 1065 - HC - Money LaunderingMoney Laundering - Seeking grant of bail - the case is that the E.D. has chased several Bank Accounts which have been used by the petitioner to divert property under PMLA 2002 - habitual offenders or not - HELD THAT:- If the special provisions of the PMLA, including Section 45 thereof, are seen as having been diluted or struck down as being unconstitutional by the Supreme Court, this Court must take recourse to Section 439 of the Cr. P.C. for the purposes of the present application. The contention of the Enforcement Directorate that the petitioner is a habitual offender or is likely to tamper with evidence or influence witnesses is not apparent from the records and can only be presumed if the petitioner had committed the same/similar offence after being released from custody or detention. The other relevant consideration is that despite today being the 56th day of the 60-day timeframe under Section 167 (2) of the Cr.P.C., the Enforcement Directorate has not filed any complaint against the petitioner since the time of his arrest on 9th March, 2021. This court is of the view that the petitioner should not further be kept in custody. The petitioner shall accordingly be released on bail upon furnishing a bond of Rs.20,000/- with two sureties of like amount each, one of whom must be a local resident to the satisfaction of the learned Judge of the Special Court, under the PMLA. Since an apprehension has been expressed by the E.D. that the petitioner may abscond upon release, the petitioner will deposit his passport with the learned Judge of the Special Court. Since the petitioner lives in Hyderabad, Telangana, the petitioner shall deposit his passport within four days from the date of this order. The petitioner will be at liberty to apply for return of his passport from the appropriate forum in fit circumstances. Bail application disposed off.
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