Lyndon likely to file for anticipatory bail in person
HERALD REPORTER
PANJIM, JUNE 15
Lyndon Monteiro, officer on special duty (OSD) to former tourism minister Mickey Pacheco, is likely to move a fresh anticipatory bail application before the Goa bench of Bombay high court tomorrow.
Earlier today, Monteiro was allowed to withdraw his anticipatory bail petition by the court.
“Monteiro will file the petition himself unlike last time, when his mother Elvina filed it,” a source stated.
Justice U D Salvi in the order said that as the prosecution has no objection to Monteiro withdrawing his anticipatory bail application and hence it’s allowed to be withdrawn.
When the matter came for the order on Tuesday morning, Atmaram Nadkarni appearing on behalf of Monteiro said that it was by mistake that the application was described under section 439 of CrPC instead of section 438 of CrPC.
He even pointed out that as per the section 439 of CrPC, where applicant has to be present during argument, is not in-force in our court.
Nadkarni argued that Monteiro was made an accused after he disappeared.
“He was made an accused after he disappeared. When he is missing and his anticipatory bail was rejected by session’s court, overnight he becomes an accused? How this is permissible under law?” the lawyer questioned.
He also said that the application for the withdrawal stands after state had challenged the maintainability of the application.
Earlier, on Monday, the court had directed Monteiro to be personally present in the court when the matter would be heard on June 17.
Monteiro is wanted in connection with death of Nadia Torrado. The woman had died allegedly after consuming rat poison on May 30.
