1964 Present: Manicavasagar, J.

W. P. MENDIS v. THE QUEEN

  S. C 331/64-Application for Bail in M. C. Kalawana, 88577

Bail-Courts Ordinance, S. 31-Meaning of words " might properly be tried ".

Section 31 of the Courts Ordinance is as follows :-

  " If any prisoner committed for trial before the Supreme Court for any offence shall not be brought to trial at the first criminal sessions after the date of his commitment at which such prisoner might properly be tried (provided that twenty-one days have elapsed between the date of the commitment and the first day of such criminal sessions), the said court or any Judge thereof shall admit him to bail, ....

     Held, that the filing of the indictment, and the service of a copy on the prisoner are essential and necessary requirements before the prisoner might properly be tried within the meaning of Section 31 of the Courts Ordinance.

     APPLICATION for bail under Section 31 of the Courts Ordinance.

                              George E. Chitty, Q.C. with K. Jayasekera, for the applicant.

                             V. S. A. Pullenayegum, Crown Counsel, with Ranjit Abeysuriya, Crown Cou