Nurulhuda Nur’aini Mohamad Nor JC:

JUGDMENT

Background

[1]The applicant and another person are charged with 2 charges of smuggling migrants under section 26AAnti-Trafficking In Persons and Anti-Smuggling of Migrants Act 2007 (ATIPSOM)section 34Penal Code

[2]Section 26ATIPSOM26A. Offence of smuggling of migrants Any person who carries out smuggling of migrants commits an offence and shall, on conviction, be punished with imprisonment for a term not exceeding fifteen years, and shall also be liable to fine, or to both.

[3]The migrants involved are 3 and 5 individuals of Bangladesh national respectively. The applicant himself is a Bangladeshi whilst the other accused is a Malaysian.

[4]The said charges are pending for trial before this Court. As the said charges under section 26A^st schedule of SOSMA, by virtue of section 13SOSMA

[5]Section 13SOSMA

“13. Bail.

(1)Bail shall not be granted to a person who has been charged with a security offence.

(2)Notwithstanding subsection (1)-

(a)A person below the age of eighteen years;

(b)A woman; or

(c)A sick or an infirm person,

charged with a security offence, other than an offence under Chapter VIA of the Penal Code and the Special Measures Against Terrorism