Su Tiang Joo JC:

Introduction

[1] There are eight applications for bail before the High Court ("Court"). The Public Prosecutor who is the respondent in all eight applications opposes all the applications on the following grounds.

(i) This is the second application;

(ii) The applicants do not qualify for bail pursuant to s 13 of the Security Offences (Special Measures) Act 2012 (Act 747) (" SOSMA ").

Background

[2] Each of the eight applicants together with two others making a total of ten accused persons are severally charged under s 130V(1) of the Penal Code for being a member of an organised criminal group named "Kumpulan Viki Naidu". Section 130V (1) provides that whoever is a member of an organised criminal group shall be punished with imprisonment for a term of not less than five years and not more than 20 years. Although severally charged, they are being tried together and their joint trial is currently ongoing.

Court's Analysis And Findings

[3] The Court will deal with each of the assertions put forward by the applicants and the respondent in no particular order.

(I) Constitutionality Of Section 13 Of The SOSMA

[4] The provisions of s 13 of the SOSMA are reproduced be