HC rejects anticipatory bail pleas of Mickky, Lyndon

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Applications for anticipatory bail filed by the former tourism minister, Mr Francisco Xavier Pacheco alias Mickky and Mr Lyndon Monteiro apprehending their arrest in connection with the Nadia death case came up for hearing on Monday at 4.30 p.m.

PANAJI: Applications for anticipatory bail filed by the former tourism minister, Mr Francisco Xavier Pacheco alias Mickky and Mr Lyndon Monteiro apprehending their arrest in connection with the Nadia death case came up for hearing on Monday at 4.30 p.m. before Mr Justice A S Oka of the Bombay High Court at Goa.

The High Court after hearing the public prosecutor, Mr C A Ferreira and senior counsel, Mr S Dessai rejected the anticipatory bail applications of both Mr Pacheco and Mr Monteiro.

Rejecting the bail application of Mr Monteiro, the High Court noted that there was suppression of the fact by the applicant that he was asked to remain present before the High Court in the earlier application filed for anticipatory bail.

The court, while rejecting the application of the former minister, observed that there was prima facie material on record showing the complicity of the applicant in the crime.

The state, apart from filing its reply, also filed an affidavit pointing out that the certificate of practice of the notary, Mr Joey Rodrigues was kept in abeyance by the state registrar-cum-head of notary services in Goa and hence the application was not validly filed.

According to the reply filed by the state, there was intimate relationship between the applicant Mr Pacheco and the deceased which is proved by the evidence of boarding pass of Qatar Airways and the visiting cards of deceased having office at Miami.

The police have also stated that the circumstantial evidence in the house and the room of the deceased has been destroyed by cleaning up and it is most likely that the family members or some person connected to this offence has destroyed the evidence.

The prosecution also pointed out that apart from three surgical injuries there were 11 contusions on the forearm, wrist, thighs, legs, chest and shoulder and that the doctor at Chennai had clarified that they were caused by a blunt object.

The crime branch has also collected call details of the mobile phone of the deceased which reveal that on the day of consumption of the poison and earlier also she was in constant touch with Mr Pacheco.

The reply also reveals that the applicant Mr Pacheco was also in Mumbai on the day on which the statement of the victim had been recorded by the special executive officer, Mumbai.

Last Friday when the bail applications came before Mr Justice N A Britto, he did not hear them by saying "not before me".

Earlier, the applications filed by Mr Pacheco and Mr Monteiro were rejected by the additional sessions judge-1, Margoa, and therefore they approached the High Court for anticipatory bail.

Rejecting the bail application of Mr Monteiro, the additional session judge had observed that a young lady had lost life and the circumstances under which she was shifted from one hospital to another that too out of Goa, creates doubt about the involvement of the applicant, and also because he was present throughout along with the family members of the deceased and even helped them financially to pay the bills of the hospitals as well as transport facilities.