MARGAO
The South Goa Sessions Court has dismissed the anticipatory bail applications filed by Meshu D’Costa and four others in connection with the FIR registered by the Sanguem Police for allegedly obstructing the police in discharging their duties.
While dismissing the applications, South Goa Additional Sessions Judge-II Sudhir Shirgaonkar observed that he do not consider it proper at this stage to grant the privilege of pre-arrest bail to the applicants, who have engaged in highly objectionable and disrespectful manner and thereby challenging the police authority in a wrong and unacceptable attitude. “This modus operandi of opposing police authority is not healthy to the society and it shall have its bad effect in future. Discipline must be maintained’, the Judge said.
The Judge, however, said it is open for the applicants to approach for the grant of anticipatory bail again if the applicants comes to know or gets reason to believe that they will be arrested even after complying the provision under section 35(5) of the BNSS 2023.
Opposing the bail applications filed by Meshu D’Costa, Dattaraj Ganesh Raut Desai, Pritanand Uday Kurdikar, Viraj Subhash Nagekar and Suraj Baban Ballikar, Public Prosecutor Sanford Fernandes submitted that since notice under section 35(3) of BNS 2023 is already issued, the applicants has to first comply with the requirements of the said notice. He submitted that the way the applicants and others fought with the police and made the video viral, it has sent a wrong message to the society that anybody can misbehave with the police in the manner as it is done in the present case and that law and order has to be maintained. He submitted that the conduct of the applicant must be taken note of while deciding the application.
“Each case has to be decided based upon its own facts, the facts here are definitely disturbing and cannot be accepted and action and conduct of the applicants within the police station and with the police officer, certainly is not acceptable to a reasonable mind. Actually, the behaviour and the attitude shown by the applicants is not healthy to the society as a whole. The behaviour of the applicants inside the police station definitely is objectionable and cannot be accepted”, the Judge said.
The Judge added: “The manner in which the incident had occurred and is circulated, it definitely has a potential to disturb every viewer of the video as it shows total disrespect to the police officers. The police officers have duty to maintain law and order. The video clipping does not send a good message to the members of the society who have or who may view it. On the contrary, it may also provoke other persons to misbehave with the police”.
