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2018 MarsdenLR 2846

HIGH COURT MALAYA PENANG
KOH THIAM HUA – Appellant
Versus
PP – Respondent


Petitioner Advocates:Vasudevan Appu ,Respondent Advocate: Lim Cheah Yit

Table of Content
1. accused charged with a security offence under sosma. (Para 1 , 2)
2. arguments for and against the grant of bail. (Para 3 , 4)
3. arguments for bail and opposition presented. (Para 5)
4. bail principles and statutory interpretation. (Para 6 , 7 , 9)
5. case law on bail and statutory interpretation. (Para 8)

[1] The accused is charged for an offence under s 130V(1) of the Penal Code . The offence with which the accused is charged is listed as a security offence under the First Schedule of the Security Offences (Special Measures) Act 2012 (" SOSMA "). The accused made an oral application for bail.

[2] After considering the application and the submissions of both the learned counsel for the applicant and the learned DPP, I dismissed the application. The applicant is not satisfied with the decision of this Court and filed an appeal. This is the grounds for the decision.

The Application For Bail

Contention Of The Applicant

[3] In support of his application for bail, the learned counsel for the applicant argues that this Court has the inherent jurisdiction to grant bail. According to the learned counsel for the applicant, the applicant has been in remand since May 2017 and

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