Former PWD minister CPWDwas granted conditional anticipatory bail by the additional district court at Margao on Monday.
The court directed Colva police that if Alemao is arrested he is to be released on furnishing a personal bond and a surety of 5,000.
Alemao had approached the court after apprehending arrest by Colva police on charges of unlawful assembly, wrongful restraint, and causing damage to public property at Varca.
The police have booked a case against Alemao, his nephew Warren, brother Ciabro and son Savio.
PSI Tulshidas Naik, in his written statement, has informed the court that since Alemao is not required to be arrested at this stage his bail application may be dismissed. "The investigation of this case is at its preliminary stage," Naik has stated.
Elaborating on the case, police said Sandra Mascarenhas, resident of Navangully, Varca, had lodged a complaint that Alemao and his kin dug up the tarred road leading to her house with the help of an excavating machine and also damaged the water pipeline leading to her house and during the act abused her and her family members.
"If during the further course of investigation, if it is felt necessary that custodial interrogation is required and the applicant/accused needs to be arrested, then prior notice before 72 hours will be given to the applicant/accused so that sufficient time is available to approach the court," police have stated in their reply.
On Friday, Alemao's lawyer Antonio Clovis Da Costa had stated that the complainant is trying to claim an access through the property belonging to Alemao's nephew.
He claimed that the perusal of the construction licence makes it clear that the access of the complainant is a 1.5 m-wide footpath. This, he pointed out, has not been interfered with by Alemao or his family and is available to the complainant.
He further stated that the complaint is baseless and without substance in law or in fact; that the road which is alleged to have been dug is not a road but is part of property which had been purchased by the nephew of the applicant by signing deed of sale dated August 19, 2011 registered at the office of the sub-registrar of Salcete.
Da Costa stated that Alemao has not committed any crime and has been falsely implicated as the present government is hostile towards him. He said Sections 143, 147 and 504 of IPC are bailable and only Section 3 of the PDPP Act is non-bailable.
While submitting that the custodial interrogation is not at all required, he said that Alemao is ready to comply with any conditions imposed by the court. [TOI]