Supreme Court grants bail to Anil Abraham after 15 months in judicial custody in a PMLA case, emphasizing limited flight risk and no tampering evidence.
Supreme Court Grants Bail to Anil Abraham in PMLA Case After 15 Months
The Supreme Court has granted bail to Anil Abraham in a Prevention of Money Laundering Act (PMLA) case after he spent 15 months in judicial custody. The Court observed that there was no material to suggest Abraham posed a flight risk or would tamper with evidence, warranting bail at this stage.
Abraham was arrested by the Enforcement Directorate (ED) in connection with alleged money laundering linked to foreign exchange violations under the Foreign Exchange Management Act (FEMA). The case was referred to the PMLA framework after the Directorate of Enforcement found proceeds of crime traceable to FEMA contraventions. While the trial court and High Court had denied bail, the Supreme Court intervened, citing settled jurisprudence on bail under Section 45 of the PMLA and the need to balance individual liberty against investigative concerns.
The judgment reaffirms that prolonged detention without trial is not acceptable merely because charges are serious. Practitioners should note that bail under PMLA remains stringent, but the Court may intervene where investigation is complete or no further risk is demonstrated. This decision could influence similar interim bail pleas in financial crime cases involving FEMA-PMLA overlap.
Citations
- M. Moosa v. State (2023) SCC Online SC 123
- PMLA, 2002, Section 45
