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Pomersbach granted bail, asked to surrender passport - Marine Diesel Generator Manufacturer by freezerpart free





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Pomersbach granted bail, asked to surrender passport - Marine Diesel Generator Manufacturer by
Article Posted: 09/06/2013
Article Views: 63
Articles Written: 1043
Word Count: 589
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Pomersbach granted bail, asked to surrender passport - Marine Diesel Generator Manufacturer


 
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Australian cricketer Luke Pomersbach, accused of molesting anAmerican woman, was on Saturday granted bail by a Delhi court whichfound that he had not trespassed into her room in the five starhotel where the alleged incident took place. The court also directed the 27—year—old batsman, whoplays for Royal Challengers Bangalore in the ongoing IPL, not toapproach the complainant woman. After watching the CCTV footage provided by the police,Metropolitan Magistrate Navita Kumari Bagha enlarged Pomersbach onbail, and said that no offence under section 452 of the IPC for‘house-trespass or wrongful restraint' is applicableagainst him. The court granted him bail on a personal bond of Rs 30,000, alongwith two sureties of the like amount.

The magistrate directed the cricketer to surrender his passportbefore it, and asked him not to leave the country without its priorpermission. "No material evidence for offence under section 452 of theIPC is made out against the accused. I am granting him bail on apersonal bond of Rs 30,000 with two sureties," the courtsaid. Pomersbach was accused of outraging the modesty of a woman here onthe intervening night of May 17—18 night, after apost—match party. During the arguments, police played the CCTV footage on a laptopinside the courtroom, and also submitted the medical reports onSahil, who is undergoing treatment in a private hospital here.

The alleged incident took place when Pomersbach is said to haveentered the room, first accompanied by the woman, his fiance Sahiland one Miraj, the police said. Pomersbach was then said to have been holding a beer bottle in hisleft hand, as his right hand was fractured during the allegedassault committed by him on the woman and Sahil. The police said Pomersbach and one of his friends forcefullyentered the woman's room, but was pushed back from inside. The investigating officer said that the offence of 452 of the IPC(house—trespass after preparation for hurt, assault orwrongful restraint) is also made out against Pomersbach as he hadforcefully entered the room with intention to cause hurt.

Senior advocate Ramesh Gupta, appearing for Pomersbach, said thepolice should explain how the offence under section 452 of the IPCis made out against his client. Pressing for bail, Gupta said that they are not denying thepresence of Pomersbach there, but the entry into the room wasfriendly. He said Pomersbach should be granted bail, and if there is anyapprehension that he may flee from justice, he would surrender hispassport. "Bail should be granted. But as he is a foreigner, theinvestigating officer or this court may have the apprehension ofhis fleeing, so in that case, he will surrender hispassport," Gupta said.

Pomersbach's counsel said his client has no intention offleeing from justice. Gupta said the court should keep in mind that the alleged incidenttook place between 4 and 5 AM in the morning, and the personsinvolved in it where in an inebriated state. He said that no ground for arresting Pomersbach has been mentionedin the records. "Even if any case is made out, the court should not send himto jail. For what purpose can he be sent to jail? Just because themedia is interested in this case, he should not be sent tojail," the lawyer said.

During the arguments, the public prosecutor said that Pomersbachwas "pre—determined" to commit the offence as hereturned to the woman's room for the second time.

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