SL CoA | No exceptional ground found in order to grant bail; fundamental objectives found to be grossly violated

Court of Appeal of the Democratic Socialist Republic of Sri Lanka: The Division bench of Menaka Wijesundera and Neil Iddawala, JJ. decided on the matter that had been filed to obtain bail for the suspect under the provisions of the Assistance to and Protection of Victims and Witnesses Act no 4 of 2015.

The suspect along with some others had assaulted a person and his wife for a garbage issue.

A complaint had been lodged by the victims on 19-01-2020 and the police had arrested the suspect on 12-02-2020.

It was alleged that both the parties were inside the Court cell and the suspect had assaulted the person again. Police had recorded statements from other inmates who were inside the same cell at that time to substantiate the position. Suspect was in remand ever since their counsel was canvassing bail on the ground of the period in remand as being exceptional.

According to the provisions of the Act under which the suspect been produced, bail could be considered only under section 10 (1) of the said act, on exceptional ground by the Court of Appeal. The term exceptional has not been defined in the act but it had been considered and had been defined to be that it should be considered according to the facts of each case by our legal luminaries. In the instant matter, exceptional was the period in remand.

Respondents urged the nature of the offence and the manner in which it was committed to be the scant disregard, the suspect has had for the judicial system. They vehemently objected to the grant of bail to the suspect.

Court did not find any justifiable grounds for grant of bail as the suspect had violated the fundamental objectives of the Act as mentioned in Section 2(a) and so dismissed the instant matter.[Mahathelage Nelka Dananjaya Peiris v. Head Quarters Inspector of Police, C.A Application (BAIL) No: BAL / 42 of 2020, decided on 15-02-2022]

Sivapatha Sundaram for the petitioner.

Erandi Dissanayake SC for the State

Suchita Shukla, Editorial Assistant has reported this brief.

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