Bail U/S 45(1) PMLA Can Be Given To Sick Or Infirm: Kerala High Court Grants Interim Bail To Former KPCC General Secretary

Mr. Abraham was arrested by the Enforcement Directorate in a case of co-operative bank fraud and was in custody since 07/11/2023. He was the former president of Pulpally Service Co-operative Bank, Wayanad. He is accused of helping the co-accused to avail loans in the name of several persons without their consent or knowledge, by overvaluing the properties offered as collateral securities. The loans were not repaid causing a total loss of Rs 5.62 Crore to the Bank. It is further alleged that the other accused transferred Rs. 5 Lakh to Abraham's account. An amount of Rs. 34,41,112 in Abraham's account is also considered to be proceeds of crime.

The bail was opposed by the Enforcement Directorate saying that the treatment can be done under the supervision of jail authorities. He argued that bail should be rejected considering the rigorous condition for bail prescribed under Prevention of Money Laundering Act (PMLA).

An earlier application for bail was rejected by the Kozhikkode Sessions Court.

The Court after considering his medical records allowed the bail petition. It observed that under the provision of Section 45(1) of the Act, bail can be given sick or infirm.

The Court directed Abraham to produce his latest medical reports on the next date of hearing.

The petition was moved by Advocates Arun Krishna Dhan, Arjun Sreedhar, T. K. Sandeep, Alex Abraham, Swetha R., Harikrishnan P. B., Gowri Menon

Case Title: K. K. Abraham v Asst. Director, Directorate of Enforcement

Case No: Bail Application 3610/ 2024