Bail hearing resumes in Tehelka boss's sex assault case

The hearing on the anticipatory bail petition of Tehlka magazine founder-editor Tarun Tejpal in a sexual molestation case resumed today in a district and sessions court in Panaji.

Tejpal's lawyer Geeta Luthra continued her arguments before judge Anuja Prabhudesai, who had on Friday given Tejpal interim protection till this morning against arrest on allegations of sexual assault by a woman journalist in the magazine.

Before attending court, Tejpal presented himself before the crime branch office at Dona Paula in the morning, saying he was available to them and not evading arrest.

Police sources said Tejpal was not quizzed and stayed for 10 minutes.

"We have joined the investigation started by the Crime Branch yesterday. We will join today also," Tejpal told reporters after coming out of the office.

Tejpal had on Friday appeared before the Crime Branch after dodging a combined team of Goa and Delhi police that visited his house in Delhi at the crack of dawn to arrest him.

During arguments, Luthra had contended that Tejpal was a man of high integrity and reputation and that the CCTV footage from the hotel where the molestation allegedly occurred will exonerate him.

The complaint from the victim came 10 days after the said episode, she had argued.

Arguing in court today, Luthra said Tejpal was ready to stay in Goa as long as he was required by the investigators.

She said he will not visit Mumbai, where the victim is currently residing. "There should not be any fear that he (Tejpal) will tamper with witnesses or evidence," the defence lawyer said.

Luthra also ruled out the possibility of Tejpal fleeing the country saying he has not fled before the charges were filed or after that.

"My client cannot tamper with the aggrieved girl as she will stand by her statement," the lawyer said.

Wrapping up her arguments, Luthra said false allegation of rape can bring distress to the accused and cause equal damage to the complainant.

She said as the rape law has become more stringent, so it is all the more required for the accused to defend himself, for which "his liberty may be preserved".

Public prosecutor Saresh Lotlikar argued that prima facie a case is established against Tejpal and so the police want his custodial interrogation.

"The accused has been changing colours like a chameleon through different statements," he said.

The prosecutor noted that the victim has been consistent in her statements.

It will be a crucial test for the Goa prosecution today to get an order for custodial interrogation of Tarun Tejpal.

Goa Police had recorded the victim's statement in Mumbai and then got the woman journalist to record her statement against Tejpal before a Goa magistrate.

The high-profile case, being the first major one after the new amendment on rape, has generated much interest from the legal point.

Observers say that the state would have to come up with strong grounds to convince the court for custodial interrogation of the accused.