Hettikandege Nelum vs The Officer-in-charge – CA PHC APN: 26/13-2013

In the case between Hettikandege Nelum (Petitioner) and The Officer-in-charge, Police Station, Maharagama, and Hon. Attorney General, the court addressed the issue of bail for the accused, Samarappuli Madduma Arachchige Sulochana Sanjiwani, pending trial. It was held that bail should be granted, considering the absence of prior convictions or pending cases against the accused and the lack of objection from the State Counsel. The principle reaffirmed is that in the absence of aggravating factors and State objection, bail may be favorably considered. Reliance was placed on relevant procedural standards, emphasizing that judicial discretion should be exercised in accordance with established legal principles and the accused’s circumstances.

A.W.A. SALAM, J. — After hearing the revision appli