MR. K.MURUGAN v. THE STATE (ENFORCEMENT DIRECTORATE)
CRM/2/2026 · 2026-02-09
Apurba Sinha Ray
body2026
DailyLaw.ai
[ 2026 DAILYLAW 3475 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 3475 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT AT CALCUTTA [ CIRCUIT BENCH AT PORT BLAIR ] ***
CRM/2/2026
In Re:- An application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita 2023 filed on 29.01.2026 in connection with CR No. 1 of 2025 in ECIR/KLZO-II/11/2025 dated 21.07.2025 under Section 44 & 45 of PML Act, 2002. And In the matter of
Mr. K. Murugan
Vs
The State (Enforcement Directorate)
Mr. D. Ilango
… for the petitioner
Mr. Zoheb Hossain, Sr. Adv. (through virtual mode) Mr. V. D. Sivabalan Mr. Arun S. Kumar
… for the State
February 09, 2026 [AKB] Item No.2
The Learned Counsel for Mr. K. Murugan has submitted that the petitioner is innocent and he has been falsely implicated in this case. There is not a single document wherefrom it will transpire that he received any part of proceeds of crime and there was no recovery during the search. Being the Managing Director, it was the duty of the petitioner to apprise the Managing Committee consisting of Chairman, Vice Chairman about the eligibility criteria of the applicant regarding his or her limit of getting the loan amount. The person who have not paid the loan will have to be held responsible individually and the bank employees cannot be held responsible for non-payment of due amount. The Learned Counsel Mr. D. Ilango has also submitted that the petitioner has never been involved in any kind of money laundering as there is no transaction in any manner from his account to any other account nor he has received any money from any other person who was having any account in the said bank. The I.O. has failed to substantiate his allegation that the petitioner has received any commission from anyone or had any link with the Chairman or the alleged Shell Companies. The accused has got no authority to sanction any loan to any person nor he can examine any loan application or place them before the Executive Committee for its consideration. His only duty is to put his comments in writing for the appraisal of the Managing Committee before the Managing Committee takes any further steps. The Learned Counsel has further stated that the petitioner has undergone a major surgery and one of his kidneys has been removed and he was under dialysis.
Due to severe gangrene, two fingers of his leg were amputed and subsequently another finger was operated in the month of January, 2026 while he was in custody. The Learned Counsel has also submitted that one of his kidneys was removed by operation and subsequently, when the petitioner was examined at Ramachandra Hospital, the doctor has opined that the condition of his remaining kidney is also damaged due to increase in infection level. In view of above, he has prayed for bail on any conditions. The Learned Counsel Mr. Ilango has cited three judicial decisions :
1. Gautam Kundu – versus – Manoj Kumar, Assistant Director, Eastern Region, Directorate of Enforcement (Prevention of Money Laundering Act) Govt. of India reported in 2015(16) SCC 1;
2. Sameer Mahandru – versus – Directorate of Enforcement (CRL. M.A. 10859/2023 in Bail Appln. 1343/2023, pronounced on 12th June, 2023) (Neutral judgment cited in Delhi High Court, 2023 :
DHC : 4155);
3. Devki Nandan Garg – versus – Directorate of Enforcement (Bail Appln. 540 of 2022, CRL.M.As. 2909 of 2022, 3655 of 2022, D/d. 26.09.2022). Accordingly, he has argued that when a person is seriously ill, two conditions mentioned under Section 45 of PMLA need not be complied with. Mr. Zoheb Hossain, the Learned Senior Counsel for the Enforcement Department has submitted that in view of his serious medical condition the Court may pass appropriate order. I have gone through the materials on record including the medical documents and it prima facie appears that the petitioner K. Murugan is seriously ill and therefore, without touching the merits of the case, his bail prayer needs to be allowed under the exemption clause of Section 45 of PMLA Act and as such, I hereby allow the petitioner K. Murugan to remain on bail subject to furnishing of a bond of Rs. 1,00,000/-
with two sureties of Rs.
50,000/- each out of which one must be local, subject to the satisfaction of the Learned Chief Judicial Magistrate, Port Blair and he shall inform his local address to the Learned Special Judge and the Learned Counsel of the Enforcement Department and he shall appear on each and every date either personally or through his legal representatives before the concerned Special Court and shall not leave Port Blair excepting for the purpose of attending medical issues but the same should be done in the territory of India. He shall deposit his passport, if any, to the Learned Trial Court. Accordingly, C.R.M. 2 of 2026 is thus disposed of. (Apurba Sinha Ray, J.)