THE DIRECTOR OF PUBLIC PROSECUTIONS, Petitioner
W. GODAGE and two others, Respondents

The three respondents were produced before the Magistrate, Matara, as suspects in a case of robbery of articles valued at Rs. 1,500 and the murder of four persons. The Magistrate, pending police investigation remanded the accused for a period of three months in the aggregate. After the period of three months was over, the respondents were produced before the High Court of Matara, which acting on the application of the petitioner made order under section 78 of the Administration of Justice Law extending the period for another three months.

After this period was over, the respondents were produced before the Magistrate of Matara. The Investigating Officer in terms of section 77 (2) (a) of the Administration of Justice Law moved "that the suspects be remanded for a period of three months to enable the Director of Public Prosecutions to consider his final report. The Magistrate refused the application taking the view that he had no power to order further detention. He accordingly released the suspects on bail in a sum of Rs. 1,500

(1) That the Magistrate had misdirected himself in refusing to order the detention of the suspects when application for detention was made under section 77 (2) (a) of the Administration of Justice Law. The statutory scheme of the law is that the Magistrate and the High Court could each order the detention of a suspect or accused for the maximum period of three months, aggregating six months, during the phase of investigation of the offence and both could make order of detention for a further period of three months each, during the stage of consideration of the report made by the Police Officer in charge of the investigation, thus totalling another six months.

(2) That in any event the respondents in the present case were suspected of committing the offence of murder. The discretion of Court to release the suspects or accused on bail within the periods above referred to is curtailed in such cases by virtue of the proviso to section 103 (3). In such cases no bail can be granted without the consent of the Director of Public Prosecutions.

from an Order of the Magistrate's Court, Matara.

, State Counsel, for the petitioner.

for the respondents.

Cur. adv. vult.

March 30, 1977.

At the end of the arguments in this application the Court made "the following order :-

" The order of the Magistrate of Matara dated 5.1.77 releasing the 3 respondents on bail is set aside. The 3 suspects will be remanded forthwith for a further period of three months, as the

Magistrate was empowered to order under sec. 77 (2) (a) of* the Administration of Justice Law. Reasons later."

I now give the reasons.

The three respondents were produced before the Magistrate, Matara, the 1st' on the 4th July and the 2nd and the 3rd on 5th July as suspects in a case of robbery of articles valued at Rs. 1,500 and the murder of 4 persons committed on the 12th June, 1976: The learned Magistrate extended their remand till 4th October, 1976. On the 4th October, 1976, on the application of the petitioner the High Court Judge of Matara acting under the provisions of sec. 78 of the Administration of Justice Law extended the period for another three months. While that order was pending the respondents applied to this Court for bail. On the 12th of December, 1976, that application was refused by Pathirana J. and Colin Thome J. On the 5th January the day after the period of three months was over, the respondents were produced before the Magistrate of Matara. The Investigating Inspector in terms of sec. 77 (2) (a) of the Administration of Justice Law moved that the suspects be remanded for a period of three months to enable the D

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