JUDGMENT

(Enclosure 1)

Leonard David Sim J:

[1] This is a Notice of Motion by the Applicant for bail under ss 49, 388, 388A CPC . The orders sought are as follows:

a) the Applicant/Accused be granted bail pending disposal of the trial at High Court, Kota Kinabalu on condition set by the Court in order for him to attend Court during the trial;

b) alternatively, with leave of this Court, the Applicant/Accused be released on bail and an electronic monitoring device be attached to him under s 388A of the Criminal Procedure Code (when it is in force) on condition set by the Court in order for him to attend Court during the trial; and

c) Such further order or other relief which this Court deems just and fit to grant.

[2] The grounds of this application as stated (verbatim) in the Affidavit in Support (Encl 2) are as follows:

(i) I verily state that the reasons that this application is made now is because my wife, Etiqah Siti Noorashikeen Mohd Sulong, who is also an Accused in this case was allowed and released on bail by the Court of Appeal on 26 April 2022. My wife and I are still lawfully married.

(ii) I was the one looking after the children while my wife was busy at work, considering the p