WICKRAMASINGHE VS. ATTORNEY GENERAL AND ANOTHER

WICKRAMASINGHE VS. ATTORNEY GENERAL
AND ANOTHER

COURT OF APPEAL
SISIRA DE ABREW. J.
ABEYRATNE. J.
LECAM VASAM. J.
CA (PHC) 39/2009
HC NEGOMBO HCAB 490/2006
DECEMBER 8,2009
JANUARY 22, 2010

Bail Act 30 of 1997 - Section 2, Section 3 (1), Section 14, Section 16, Section 17 - Could a suspect be kept on remand for a penod exceeding 24 months? - Should Section 16 - Section 17 of the Bail Act be read subject to Section 14 ? - What is the purpose of remanding a suspect/accused? - What is the maximum period that a suspect to whom the Bail Act applies can be kept on remand? - Interpretation of Statutes - Prevention of Terrorism (Sp. Prov.) Act 48 of 1979.

The accused was arrested on 28.9.2006 in connection with the offence of murder. The High Court on 30.3.2009 refused bail. The accused had been on remand for 3 years and 5 months. The accused sought to revise the said order.

Held:

(1) Grant of bail shall be regarded as the rule the refusal to grant bail is the exception.

Per Sisira de Abrew. J.

"The purpose of remanding a suspect/accused is to ensure his appearance in Court on each and every day that the case is called in

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