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2023 (2) TMI 1239 - HC - Money LaunderingSeeking grant of anticipatory bail - ill-gotten immovable property, generated through illegal activities related to scheduled offence - HELD THAT:- In the present case, the applicant is apprehending his arrest in connection with the complaint case by the respondent for offence of money-laundering under Section 3 of PMLA Act and punishable under Section 4 of the Act. Though supplementary charge sheet has been filed, but once the prayer for anticipatory bail is made in connection with the offence of PMLA Act, the underlying principles and rigour of Section 45 of the Act gets triggered. The record submitted by the respondents prima facie shows nexus between the primary offender and the applicant, who is found to be an accessory to money-laundering. From the material collected by the Investigating Agency, considering the nature of allegations and the seriousness of offence alleged, prima facie, at this stage, it cannot be said that the applicant has not committed any offence alleged against him. The Supreme Court in the case of P. CHIDAMBARAM VERSUS DIRECTORATE OF ENFORCEMENT [2019 (9) TMI 286 - SUPREME COURT] while dismissing the anticipatory bail application has observed that power under Section 438 Cr.P.C. being an extra- ordinary remedy has to be exercised sparingly, more so in cases of economic offences which stand as a different class as they affect the economic fabric of the society. Thus, no case for grant of anticipatory bail is made out. Accordingly, this application is dismissed.
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