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In the case of M Shivashankar V. Union of India, the Kerala High Court granted bail for an ex-public servant. The court considered the ill-health of the petitioner and granted bail in the present case. The single bench headed by Ashok Menon held that the rigorousness of the section should not be burdened to a person suffering from various ailments and granted in this regard. The accused was in the custody of the Enforcement Department, for the investigation of the Kerala gold scam case. The petitioner claimed that the charges against him regarding the gold scam are vague, fictitious, and contains that the law cannot ignore.
The Additional Solicitor General SV Raju, representing the ED raised a strong objection stating that the bureaucrats can use their authority to influence the witnesses and thus hamper the investigation process. The respondents claimed that the case is of a grave nature and the accused involved is well connected with influence, capable of tampering with evidence. The ED prayed to the court to not grant bail at this stage.
The court opined that bail can be granted to the petitioner on other grounds, such as the prosecution was not able to establish the relationship between the account of the petitioner and the co-accused and hence nothing can be proved at this stage. As the money was not credited in the account of the petitioner the court held that sec.45 of the Money Laundering Act cannot be attracted and hence bail can be grated in such a situation. The court held that the petitioner did not have any relationship with the bank account of the other accused and the money which was laundered was less than one crore hence the rigorousness of the section declines. The court also took the worsening health condition of the petitioner and granted him bail in the present matter.
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