Manohar Aranraj and Mahalingam Gopinath vs Officer-in-Charge, Colombo Fraud Investigation Bureau – SC APPEAL NO. 82/2016-2016

In the case between Manohar Aranraj and Mahalingam Gopinath (sureties/appellants) and the Officer-in-Charge of the Colombo Fraud Investigation Bureau, the Attorney-General’s Department, and others (respondents), the court addressed whether the Magistrate complied with mandatory procedures under sections 422(1) and 422(2) of the Criminal Procedure Code before proceeding under section 422(4) to forfeit bail bonds and fine the sureties. It was determined that the Magistrate failed to follow the prescribed procedure, which invalidated the orders for forfeiture and imprisonment of the sureties. Precedent from De Silva Vs S.I. Police was relied upon, reaffirming the necessity of procedural compliance prior to imposing penalties on sureties. Both the Magistrate’s and the High Court’s subsequent a