All Accused in Money Laundering Case Subject to Uniform Bail Conditions; Prior Sanction to Travel Abroad not needed as Previous Orders not Challenged: Kerala HC [Read Order]
All Accused – Money Laundering Case – Uniform Bail Conditions – Prior Sanction to Travel Abroad – Previous Orders not Challenged – Kerala HC – taxscan
All Accused – Money Laundering Case – Uniform Bail Conditions – Prior Sanction to Travel Abroad – Previous Orders not Challenged – Kerala HC – taxscan
The Kerala High Court has held that all accused individuals in a money laundering case must abide by uniform bail conditions. The court also declared that prior sanction to travel abroad is unnecessary, as previous orders pertaining to bail conditions remained unchallenged.
The case relates to violations under the Prevention of Money Laundering Act, 2002 wherein four accused individuals namely P John Britto, John Kennedy, Martin Leema Rose and Daisy Aadhav Arjuna challenging the conditions imposed on them.
Initially granted bail on October 1, 2022, the petitioners were restricted from leaving India without prior permission from the court. However, the court’s order on February 27, 2024, modified the conditions, deleting the requirement to deposit passports while maintaining the need for prior sanction to travel abroad.
The accused approached the Kerala High Court, contesting this requirement. The petitioners, represented by Mathews K. Uthuppachan, Thomas Abraham, B.Rahul Krishnan and B.Raman Pillai argued that they should be granted the same travel privileges as another co-accused, as there was no challenge to previous orders concerning bail conditions.
The respondent Revenue, Directorate of Enforcement, Kochi represented by Smt. Sreeja V argued against altering bail conditions, stressing the seriousness of money laundering offences and the necessity of stringent measures to prevent accused individuals from fleeing justice or tampering with evidence. The revenue also stressed the need for upholding the requirement of prior court sanction for travel abroad.
The Single Bench of Justice Bechu Kurian Thomas upheld the petitioners’ plea, emphasising the principle of parity. Drawing upon previous orders and the lack of challenge to them, the court reasoned that all accused individuals should be treated equally in terms of bail conditions.
The bench observed that the accused stood on the same footing as another co-accused, who had previously been granted modified travel conditions without the need for prior court sanction.
In result, the Kerala High Court ruled that the petitioners should enjoy the same benefit, thereby setting a precedent for uniformity in bail conditions.
As per the decision, the conditions imposed on October 1, 2022, were substituted with new directives. The petitioners were required to inform the court before leaving India and deposit an amount of Rs. One Lakh, with forfeiture upon violation of bail conditions. Additionally, they were mandated to file an affidavit affirming legal representation throughout the trial and acknowledging their identity if the trial proceeded in their absence.
The requirement for prior sanction to travel abroad was set aside, with the court clarifying that the ruling did not permit passport renewal for the accused. Instead, if renewal became necessary, appropriate permission must be obtained from the jurisdictional court.
The Kerala High Court order not only ensures uniformity in bail conditions for all accused individuals but also upholds the principle of parity in money laundering cases considering the unchallenged nature of previous orders.
To Read the full text of the Order CLICK HERE
Support our journalism by subscribing to Taxscan premium. Follow us on Telegram for quick updates
