New Delhi, May 19 (IANS) A Delhi court Saturday granted bail to Australian player luke Pomersbach of the Royal Challengers Bangalore (RCB) team, who was arrested for allegedly molesting an American woman in a five-star hotel here and beating up her fiance.
Metropolitan Magistrate Navita Kumari Bagha asked Pomersbach, 27, not to leave the country and to surrender his passport. She also directed Pomersbach not to approach the woman who has filed a complaint against him.
The court asked Pomersbach to furnish a personal bond of Rs.30,000, along with two sureties of the same amount.
It also directed him to cooperate with police in the investigation and not to tamper with evidence.
Pomersbach is alleged to have molested Zohail Hameed, in her mid-20s, at the ITC Maurya Hotel here early Friday morning and beaten her fiance Sahil Peerzada, who is in his 30s, when he tried to restrain the player. Delhi Police registered a case of molestation against Pomersbach, who was later released on interim bail by a court.
Magistrate Bagha, after hearing arguments from the complainant and Pomersbach and watching the CCTV footage submitted by police in the court, released him on bail observing that no offence of trespass or wrongful restraint was made out against him.
The magistrate said: “No material evidence for offence under section 452 (house-trespass after preparation for hurt, assault or wrongful restraint) of the Indian Penal Code (IPC) is made out against the accused. I am granting him bail on a personal bond of Rs.30,000 with two sureties.”
Police submitted the medical report of Peerzada who is undergoing treatment in Primus Hospital here. During the hearing, police played the hotel CCTV footage on a laptop for the magistrate.
The incident took place when Pomersbach is said to have entered the room, accompanied by the woman, her fiance Sahil and another person identified as Miraj, police said.
In the footage, Pomersbach was seen leaving the room after some time with a beer bottle in his left hand, as his right hand appeared to have been fractured, police said.
The investigating officer told the court that a little later Pomersbach came back along with a man and forcibly tried to enter the woman’s room, but was pushed back from inside.
Police said the offence of trespass after preparation for hurt, assault or wrongful restraint was also made out against Pomersbach as he had forcibly entered the room with the intention to cause hurt.
Pomersbach’s counsel while seeking bail said that it could not be denied that he was present there, but the entry into the room was friendly.
The cricketer’s advocate said: “Bail should be granted. But as he is a foreigner, the investigating officer or this court may have the apprehension of his fleeing, so in that case, he will surrender his passport.”
Pomersbach’s lawyer said that the alleged incident took place between 4-5 a.m. and the court must keep in mind that all parties involved were in an inebriated state.
The public prosecutor said that Pomersbach was pre-determined to commit the offence as he returned to the woman’s room for the second time.
Hameed has alleged that Pomersbach forcibly entered her room and tried to molest her.
A case was registered against the Australian player under IPC sections 354 (assault or criminal force to woman with intent to outrage her modesty), 323 (causing hurt), 454 (lurking house trespass) and 511 (attempting to commit offences punishable with imprisonment for life or other imprisonment).