M.C.B.S. Morais J.

This is an application for restitutio-in-integrum under Article 138 of the Constitution of the Democratic Socialist Republic of Sri Lanka . The Petitioner seeks to invoke this jurisdiction on the grounds of the following alleged exceptional circumstances.

- The Petitioner states that the Honorable High Court Judge has failed to appreciate that the order of the Magistrates’ Court dated 2^nd of December 2020 in imposing the surety bond of 2,000,000 LKR was for the specific and sole purpose of the suspect temporary travelling abroad and thereafter presenting herself to the Magistrates’ Court.

- The learned High Court Judge has failed to appreciate the law of sureties as mandated in the code of Criminal Procedure.

- The Petitioner states that the order of the Honorable High Court Judge is ex-facie erroneous in law and inconsistent with the procedure for forfeiture of sureties set out by the Code of Criminal Procedure.

- The Petitioner states that the Petitioner is a 56-year-old retiree with no source of income and property to her name and is incapable of fulfilling the forfeited surety amount of 1,500,000 LKR.

- The Petitioner has no means of income nor property.

The Accus