MARGAO
City-Âbased lawyers have expressed their shock and surprise over the action of the Margao police in not immediately releasing Chennaiyin player Elano Blumer after his arrest in a bailable case and later insisting on the player to hand over his passport at the police station.
Criminal lawyer, Adv Anacleto Viegas said that police should be hauled up for wrongful detention of Elano when the offences cited against the player are bailable in nature. “The investigation officer should answer why the player was not released on bail immediately after his release when the offences were all bailable in nature. The fact that the Margao police forced the accused through his lawyer to knock the doors of the Judge at the dead of night for bail shows that the police paid heed to the orders of their political masters," said Adv Anacleto Viegas.
He also slammed the Margao police for insisting on the surrender of Elano’s passport when the court has already released the accused on bail without any conditions. “All this only goes to show that the police are acting at the behest of their higherÂ-ups. The concerned police officer should be hauled up in the case," he said.
High Court lawyer, Adv Cleofato Coutinho said the police action in not releasing the Chennaiyin player in a bailable offence shows that the police had vested interest in the case. “The police action clearly shows that the police were under the influence of their political masters. First, the player was not immediately released on bail and later they made him approach the Judge at the dead of night for bail. And, when the bail was finally granted, the police is now insisting on the surrender of passport. This will send a wrong message that the player is being harassed by the police," he said.
Elano’s lawyer, Adv Rajiv Gomes sounded highly critical of the Margao police on the question of insisting on the surrender of passport, asserting that the police did not impose any condition while releasing the player on bail. “If the police are hell bent in approaching the immigration authorities to stop Elano from leaving the country, the player will again knock the doors of the Judiciary for justice. The police should remember that there cannot be any conditions in a bailable offence," he said.
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No conditions set by judge while releasing Elano on bail
MARGAO: It’s now crystal clear that South Goa Additional Sessions Judge Vincent D’Silva did not impose any condition while releasing Elano Blumer on bail late Sunday night.
A perusal of the bail order states that when the accused through his lawyer, Adv Rajiv Gomes had knocked the doors of Judge D’Silva at late hours of Sunday after the Margao police arrested the Brazilian player, the Judge ordered the police to forthwith release the accused if the offences alleged are bailable upon furnishing a bail bond to the satisfaction of the Investigating Officer.
Accordingly, the Margao police enlarged the accused on bail after the latter furnished a bail bond of Rs 1 lakh with one local surety. However, while releasing the accused, the Margao police asked Elano in writing to hand over his passport for the purpose of further investigations, even as Adv Rajiv Gomes wondered how the police is insisting on the surrender of passport when the Additional Sessions Judge did not specify any condition while ordering the release of the accused.
