Grant of anticipatory bail based on the nature of the incident, the applicant's background, and cooperation in the investigation.

JUDGMENT

M.S. Jawalkar, J. - The present application is filed for grant of anticipatory bail in Crime No.140/2021 at Calangute Police Station for offences punishable under Sections 509, 354, 354A, 354B, 323, 324, 356 and 379 r/w 34 IPC.

2. In short, the applicant and his daughter, on 09.10.2021 at around 19.15 hrs. in front of Bandodkar Statue Junction at Calangute Bardez, had altercations with the complainant and her husband on the issue of parking of complainant's vehicle creating traffic nuisance. The said altercations escalated in a heated discussion. The locals also joined in. After the said incident, one mischievous, frivolous complaint was registered.

3. The applicant states that the complainant being an Advocate by profession levelled charges, which are totally false. She has alleged that the applicant herein insulted the modesty of the complainant, outraged her modesty by pulling her T-shirt and touching her breast, scratched her on her breast area and assaulted her with nails stretches on her breast area and snatched her mangalsutra. She also alleged that her husband was assaulted with fist and blows. As the applicant's daughter was present throughout the incident in question, there is no substance in the said allegations. It is contended by the applicant that the complainant being an advocate by profession has misused and abused her legal knowledge to falsely implicate the applicant.

4. Learned Public Prosecutor has filed say and has opposed the application. It is also his contention that mangalsutra is yet to be recovered.

5. Heard learned Counsel for both the parties. The applicant is a resident of Goa and is having no criminal antecedent. His daughter is already released on anticipatory bail and another accused is also enlarged on bail. Considering the nature of the incident, the applicant, who is 61 years of age, is entitled for grant of anticipatory bail subject to conditions. Moreover, the applicant was granted interim bail on 03.11.2021. It appears that during the pendency of this application the applicant has co-operated in the investigation.

6. Hence, I proceed to pass the following order :

ORDER

(a) In the event of arrest of applicant, applicant Mr. Alex J. Fernandes in C.R. No.140/2021 shall be released on bail on furnishing PR bond of ?15,000/-with one solvent surety in the like amount to the satisfaction of the learned Additional Sessions Court, Mapusa.

(b) The applicant shall co-operate in the investigation.

(c) The applicant shall not in any way, directly or indirectly, tamper with the prosecution witnesses and prosecution evidence.

7. Application stands disposed of.

8. Parties to act on the authenticated copy of this order.