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Judgment
C.Jayachandran, J
The petitioner moved this application for pre-arrest bail apprehending arrest in connection with ECIR/KZSZO/01/2023 investigated by the Enforcement Directorate for offences under Section 3 of the Prevention of Money Laundering Act.
When this matter was taken up for consideration today (28.11.2024), it was submitted by the learned Standing Counsel for the Enforcement Directorate that the petitioner has already been arrested on 27.11.2024 and that the matter has become infructuous.
The factum of petitioner's arrest was admitted by the learned counsel for the petitioner. However, it was seriously assailed that the arrest made pending consideration of an application for pre-arrest bail is grossly improper, if not illegal. It was also pointed out that the petitioner had appeared before the Enforcement Directorate pursuant to summons issued to him and he had co-operated with the interrogation. Learned counsel would submit that the arrest is precipitated by an event, which took place on 29.01.2024 in connection with a raid and search conducted by the Enforcement Directorate in the petitioner's house.
This Court notice that this application has been filed in February, 2024 and the same was pending consideration. In the changed circumstance of the petitioner having been arrested yesterday (27.11.2024), this Court can only close the instant application, reserving the liberty of the petitioner to move appropriate application for regular bail. However, in view of the apprehension espoused in this Bail Application based on Annexure-A5 complaint, there will be a direction to the respondent nos.1 to 3 not to subject the petitioner to any third degree methods, until the petitioner is produced before the jurisdictional court, as per law, within the stipulated time. In case custody of the petitioner is sought for by the Investigating Agency, the jurisdictional court will also consider the above referred apprehension of the petitioner and shall incorporate appropriate safeguards in this regard.
With the above observations, this Bail Application will stand closed.