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 Arokkiyanathan Severiyan Application No: Thevanpitty, Vellankulam, Mannar.

CA/Bail /0398/24 (Presently in remand)

Petitioner HC Kilinochchi Vs No. KN/235/2025 1. The Officer-in-Charge MC Colombo Counter Terrorism Investigation No. B/6137/03/2024 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 2^nd Accused in the case bearing No. HC 235/25 in the High Court of Kilinochchi.

The Petitioner was arrested by Army Intelligent Officers when he was going to Paranthan Junction. Thereafter, he was handed over to the officers attached to Counter Terrorism Investigation Division. The Petitioner was then taken to Thambu Gunasekara’s house. While he was in the vehicle, Thambu Gunasekaram was brought to the vehicle. On 09.12.2023 he and Thambu Gunasekaram had been taken to the Counter Terrorism Investigation Division, Colombo-05. He had been detained there for about six months before he was produced in the Magistrate Court of Colombo under case No. B/6137/2023 on 06.06.2024. At present, both had been indicted in the High Court of Kilinochchi for Conspiracy and failure 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 49 years old and father of five children. In the year 2010, he was arrested by officers attached to the Criminal Investigation Department at Mannar IDP Camp and was sent to state sponsored rehabilitation program at Pambaimadu Rehabilitation camp. He was kept there for four months before he was transferred to Nelukkulam Rehabilitation Camp. After two months of detention, he was released and reintegrated with the community. After the reintegration, the Petitioner was engaged in fishing in his village. During the last phase of war, he was injured and admitted to Manthikai Hospital. From there he was transferred to the Jaffna Teaching Hospital and received treatment for six months.

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 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