IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an application for Bail in terms of the provisions of the Code of Criminal Procedure Act read with Section 15(b) of the Prevention of Terrorism (Temporary Provisions) (Amendment) Act No. 12 of 2022.

Court of Appeal Thambu Kunasekaram Application No: Karadikunru, Nachchikuda.

CA/Bail /0400/24 (Presently in remand)

Petitioner HC Kilinochchi Vs No. KN/235/2025 1. The Officer-in-Charge MC Colombo Counter Terrorism Investigation No. B/6137/03/2023 Division Kilinochchi.

2. Officer In-Charge Unit 01, Counter Terrorism Investigation Unit

149, Butani Capital Building Kirulapane Avanue, Colombo-05.

3. The Director Counter Terrorism Investigation Unit.

149, Butani Capital Building Kirulapane Avanue, Colombo-05. 4. The Inspector General of Police Police Headquarters, Colombo-01.

5. The Attorney General Attorney General’s Department Colombo-12. Respondents BEFORE : P. Kumararatnam, J.

R.P.Hettiarachchi, J.

COUNSEL K.S.Ratnavele with Ranitha Gnanaraja and Woshan Herath for the Petitioner.

Tharaka Kodagoda, SC for the Respondents.

ARGUED ON : 03/06/2025. DECIDED ON : 07/07/2025.

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ORDER

P.Kumararatnam,J.

The Petitioner filing this Application has invoked the jurisdiction of this Court to grant bail to him upon suitable condition as this Court consider appropriate.

The Petitioner is the 1^st Accused in the case bearing No. HC 235/25 in the High Court of Kilinochchi.

The Petitioner was arrested by officers attached to Counter Terrorism Investigation Division at his residence on 08.12.2023 and detained him at the Counter Terrorism Investigation Division, Colombo-05 for about six months before he was produced in the Magistrate Court of Colombo under case No. B/6137/2023 on 06.06.2024. During the investigation one of the friends of the Petitioner namely Arokiyanathan Severiyan was also arrested. At present both had been indicted in the High Court of Kilinochchi for Conspiracy and failed to give information regarding manufacturing arms and ammunition. Both had been indicted under the Prevention of Terrorism Act (Temporary Provisions) Act No.48 of 1979, as amended. Now the Petitioner seeks relief in the exercise of the Original Jurisdiction vested by Section 15 B of the Prevention of Terrorism (Special Provisions) (Amendment) Act No. 22 of 2022.

According to the Petitioner, he is 64 years old and was seriously injured in his hip and his left side eye was blind and was waiting for the lens to be fixed after eye surgery. There are injuries that occurred as a result of being a victim of shelling during the last phase of war. He further state that he was severely sick at the remand prison and was taken to the National Hospital for further treatment and now is unable to manage his both eyes and his physical difficulties.

The Petitioner states the following circumstances exist for the grant of bail to him.

a. That he was only produced before the Magistrate Court for once and was not produced physically after that;

b. His case is in no date position until the directions come from the Attorney General;

c. There are no improvement or further decision being taken or informed by the Attorney General Department even though the Petitioner concluded more than 18 months in detention and remand custody;

d. The Petitioner should not be made to suffer for the lack of technical ability/efficiency on the part of the investigations;

e. The arrest by the police was not made on any reasonable suspicion as the investigation does not reveal any unlawful activity on the part of himself.

The Section 15 B of PTA (Amended) Act No. 12 of 2022 states:

“Notwithstanding anything to the contrary in the provisions of this Act, if the trial against a person remanded or detained under this Act has not commenced after the expiration of twelve months, from the date of arrest, the Court of Appeal may release such person on bail, upon an application in that behalf, made by the suspect or an Attorney- at