Section 45(1) PMLA Explicitly Provides Bail For The Sick: Kerala HC Grants Bail To Ex-KPCC Gen Sec. K.K. Abraham In Money Laundering Conspiracy Case
|The Kerala High Court granted bail to K.K Abraham, an ex-KPCC member accused of a money laundering conspiracy, after noting that Section 45(1) of the PMLA explicitly provides that when a person is reported to be sick or infirm, he may be released on bail.
The former KPCC member accused under Section 3 read with Section 4 of the Prevention of Money Laundering Act, 2002 (PMLA) was granted bail by the Court after he submitted to have been suffering from severe recurrent abdominal pain.
A Single Bench of Justice C.S. Dias observed, “The petitioner is alleged to have committed the offences under Section 3 read with Section 4 of the Act. The proviso to Section 45(1) of the Act explicitly provides that when a person is reported to be sick or infirm, he may be released on bail as directed by the Court.”
Advocate Arun Krishna Dhan appeared for the petitioner, while PP C. S. Hrithwik represented the respondent.
The case of the prosecution was that the accused and another person had allegedly availed loans in the names of various individuals without their consent by overvaluing collateral properties, subsequently failing to repay these loans. The alleged acts were done as office bearers of the Pulpally Service Co-operative Bank in Wayanad. Thus, the accused caused a loss of Rs.5.62 crore to the Bank.
The bail application was filed under Section 439 of the CrPC on the grounds of recurrent abdominal pain and the necessity for expert medical treatment. The accused argued that he had collapsed multiple times in jail and required an elective laparoscopic cholecystectomy. Although the Sessions Court had dismissed his previous bail application due to a lack of medical records indicating a life-threatening condition, new medical reports were presented before the High Court.
The Enforcement Directorate (ED) on the other hand opposed the bail arguing that even if the accused had any serious ailment, the same could be treated under the supervision of the jail authorities.
Upon reviewing the medical records, the High Court was satisfied that the accused was suffering from a serious illness and needed immediate treatment.
Consequently, the Court granted bail to the accused and held, “I am of the firm view that the petitioner is entitled to be enlarged on interim bail for the time being, subject to the condition that he produces the medical reports issued by the doctor of his choice.”
Accordingly, the High Court allowed the application.
Cause Title: K.K Abraham v. Asst.Director, Directorate Of Enforcement & Anr.
Appearance:
Petitioner: Advocates Arun Krishna Dhan, Arjun Sreedhar, T.K.Sandeep, Alex Abraham, Swetha R, Harikrishnan P.B and Gowri Menon
Respondent: PP C. S. Hrithwik; SC Jaishankar V. Nair