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2023 (7) TMI 585 - HC - Money LaunderingSeeking grant of anticipatory bail - possession of tainted money, transfer of same to others based on telephonic instructions of her son accused Suryakant Tiwari - applicability of rigor of twin conditions, as prescribed under Section 45 of the Act of 2022, on account being an infirm woman - HELD THAT:- From the allegations contained in the complaint and statements recorded under Section 50 (2) of the Act of 2002, it is clear that applicant was in possession of tainted money, she has transferred the same to others based on telephonic instructions of her son accused Suryakant Tiwari. For considering application for grant of bail, fulfilment of twin conditions under Section 45 (1) (i) & (ii) of the Act of 2002 is must. The material collected and available in the complaint, prima facie indicates involvement of applicant in crime in question. Twin conditions also applies to anticipatory bail application. Except submission that applicant is an infirm woman, no material has been placed on record showing that applicant is suffering from any old age disease or is seriously sick. Offence under the Act of 2002 is an offence under the special Act, therefore, normal consideration for grant of bail under Section 438 or 439 CrPC may not be only consideration for grant of bail under Section 439 or 438 of CrPC and therefore, unless applicant comes out of rigor of twin conditions, as prescribed under Section 45 of the Act of 2022, he/she may not be entitled for benefit of bail. In the case of Vijay Madanlal [2022 (7) TMI 1316 - SUPREME COURT] the Hon’ble Supreme Court observed the expression “and” occurring in Section 3 has to be construed as “or”, to give full play to the said provision so as to include “every” process or activity indulged into by anyone. Projecting or claiming the property as untainted property would constitute an offence of money-laundering on its own, being an independent process or activity. The order passed in case of M. NAGARAJAN & ANR. VERSUS DIRECTORATE OF ENFORCEMENT & ORS. [2023 (1) TMI 1268 - SC ORDER], which was relied upon by learned counsel for applicant, is of no help to the applicant because facts of that case are entirely different from the facts of present case. In that case, closure report was filed which was later accepted by the Magistrate - In this case, there is no closure with respect to offence under Section 384 of IPC. In fact, police of Police Station Kadugodi, Whitefield, Banglore taking note of the place of incident alleged, forwarded the complaint to police of Chhattisgarh through proper channel, and further taking note of the fact that in the complaint there is categorical mention of applicant that she has not co-operated during investigation by non-applicant Department. This is not a fit case to extend benefit of Section 438 of CrPC to applicant - this anticipatory bail application is rejected.
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