WILL LYNDON'S ANTICIPATORY BAIL APPLICATION BE DISMISSED ON TECHNICAL GROUNDS ITSELF?
The Anticipatory bail application filed by Mr. Lyndon Monteiro, OSD to former Tourism Minister Mr. Micky Pacheco who has been made an accused in the Nadia Torrado's death case will come up for hearing before Justice U.D Salvi of the Bombay High Court at Goa on June 14th. The South Goa Sessions Court last week had rejected Lyndon Monteiro's anticipatory bail application. An Anticipatory bail application can be filed under Section 438 of the Criminal Procedure Code only by the person anticipating arrest. But strangely in Lyndon's case the application before the High Court has been filed by his mother, which is not in accordance with the High Court rules. On this technical ground itself the application may be dismissed outright. Sources have revealed that Lyndon's anticipatory bail application has been styled as an application under Section 439 of Criminal Procedure Code. As an application under Section 439 is by someone already in custody it can be moved by a family or friend on behalf of the accused. So why was Lyndon Monteiro's anticipatory bail application wrongly styled as an application under Sec 439 when it should have been under Sec 438. Was it to overcome the technical objection that would have been raised by the High Court registry which scrutinizes all applications before registering them?. Was it an attempt to mislead the High Court registry. All this would be clear when Lyndon’s anticipatory bail comes for hearing on Monday 14th June at 10.30 am. Aires Rodrigues T1 - B30, Ribandar Retreat Ribandar - Goa - 403006 Mobile: 9822684372
