NT Reporter
Margao
The Additional Sessions Court on Thursday reserved its order on the anticipatory bail application filed by Malcolm Pereira in connection with the alleged assault on Chinchinim-Deussua sarpanch and AAP working president Gerson Gomes.
The court will pronounce its order on Friday
morning.
During the arguments, the court allowed an intervention petition filed by the victim, permitting him to assist the prosecution in opposing the bail application.
Counsel representing Gomes contended that the attack was not merely an assault on an individual, but a direct strike at the state’s democratic fabric, and that if the accused was released, it would hinder the sarpanch from freely discharging his constitutional duties.
The public prosecutor also objected to the bail.
Police stated that Pereira had previous criminal cases registered against him, including a theft case, an offence relating to insult to national honour and a case involving an alleged assault on a government employee.
Police also stated that Pereira had allegedly recorded the incident and subsequently uploaded the videos repeatedly on social media. The investigating team said that if granted bail, he could influence or threaten witnesses.
The court was also
informed that Gomes’ son had lodged a complaint
alleging that, after the case was registered, Pereira went near the sarpanch’s residence late at night
and allegedly threatened
to kill him if the case was not withdrawn.
The investigation process also came under scrutiny during the proceedings, with questions raised over the manner in which the local police conducted the interrogation.
Counsel for the accused argued that custodial interrogation of his client was entirely unwarranted as he was cooperating with the investigation. The defence counsel said the sections invoked in the case attracted a maximum punishment of five years and, therefore, keeping the accused in custody was unnecessary as he was willing to cooperate with the investigation.
