Nurulhuda Nuraini Mohamad Nor JC:

GROUNDS OF JUDGMENT

Introduction

[1]This is an application for bail by the applicant accused who is charged with a serious offence of sabotage under section 124KPenal Codesection 34section 34Penal Code

[2]The Notice of Motion Enclosure 1 prayed for the following:

a)Order that the offence under section 124KPenal Code

b)Section 388

c)The said charges be tried by the Session Court.

[3]This Court, having perused the application and affidavits filed by both parties and upon hearing submissions, dismissed the said application. This judgment is written giving reasons for the dismissal.

Application and reasons

[4]In the Notice of Motion dated 22 December 2020, states that the application is supported by the affidavit of Lim Kian Aik Enclosure 2 affirmed on 22 December 2020 and the reasons supporting the prayers as stated in the application are summarised as follows:

a)The charge is not one of terrorism thus SOSMA does not come into play;

b)The charge comes under Article 149(1)(e) but this is not captured by the SOSMA preamble,

c)Facts deposed will show that the applicant is innocent hence will not abscond if bail is granted;

d)The applicant suffers from heart problem an