Pathirana and Another v. O.I.C. Nittambuwa Police – sllr 1988 volume 1 page 084

In the case of PATHIRANA AND ANOTHER v. O.I.C. NITTAMBUWA POLICE, the court considered whether suspects charged with bailable offenses under the Penal Code (Sections 314, 315, and 316) were entitled to bail pursuant to Section 402 of the Code of Criminal Procedure, and whether a remand order made by the Magistrate contravened this statutory right. The suspects had been remanded by the Attanagalle Magistrate despite the bailable nature of their alleged offenses. The decision clarified that, even though an appeal rather than an application under Section 404 would have been procedurally preferable, the remand order was found to be unlawful due to its conflict with the statutory right to bail. The remand order was accordingly set aside and the suspects were ordered to be released on bail with