2 May 2022
Madhukar G Angur is granted bail; in a 107 crore money laundering case by; the Karnataka High Court.
Madhukar G Angur, the ex-Chancellor of Alliance University, was recently granted bail in a 107-crore money laundering case [Dr. Madhukar G Angur v. Enforcement of Directorate] by the Karnataka High Court.
Angus granted bail by a single judge; Justice V Srishananda; who is accused of; duping pupils and their parents into depositing money as fees into an unauthorized bank account.
“On review of the materials on file, the prosecution’s fear that; the accused’s release will result in the continuation of money laundering is not available in the case at hand, in the considered opinion of this court, because; the Directorate of Enforcement has already seized necessary documents and taken control of the petitioner’s assets. As a result, this court considers that the petitioner has established a strong case for bail.”
The High Court also answered; the legal question of whether a temporary attachment order or the filing of a complaint with; the Adjudicating Authority under the Prevention of Money Laundering Act (PMLA) means that; the Enforcement Directorate’s (ED) investigation is complete.
A PMLA accused is not; entitled to bail under; Section 439 (special powers of the High Court or Court of Session regarding bail) of the Code of Criminal Procedure (CrPC); as Section 45 (offences to be cognizable and non-bailable) of the PMLA restricts the application of the CrPC’s provisions, and; the twin conditions of bail under Section 45 of the PMLA will apply in such cases.
The ED claimed that; Angur stole almost 107 crores by sending emails to students and parents instructing them to pay tuition fees into unlawfully established bank accounts. He continued to collect money from students even after; he fired from his position as Chancellor, thereby engaging in money laundering.
Several first information reports (FIRs) filed; against the petitioner in 2016 and 2017, and he charged under the PMLA’s provisions.
On January 7, 2022, the petitioner arrested; under Section 19 (authority to arrest) of the PMLA, brought before the Special Court, and remanded to judicial detention. He applied for bail, which denied by the Special Court, therefore he went to the High Court to apply for bail.
The Court stated that; under Section 45 of the PMLA (offences to be cognizable and non-bailable), there; is no time restriction for filing a complaint or a final report.
The Court granted Angur bail on a personal bond of ten lakh with; two sureties, with instructions to report to the ED once a month, present before; the Special Court on all sessions, not tamper with prosecution witnesses, and not leave the jurisdiction of Bengaluru district without prior permission.
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