Officer in Charge, Police Station, Poddala Vs. Gamunu Deshapriya Ekanayaka – CA PHC APN/08/2017-2017

In the case between Officer in Charge, Police Station, Poddala, and Gamunu Deshapriya Ekanayaka, the court addressed the issue of whether bail should be granted to the petitioner, given that an indictment had already been filed in the High Court of Galle and bail had previously been allowed in that court. It was held that bail should be granted, reaffirming the principle that bail, once granted by a competent higher court following indictment, should not ordinarily be withheld in subsequent proceedings arising from the same matter. This decision relied upon the context of criminal procedure and principles ensuring consistency in bail determinations, emphasizing that judicial consistency and the existence of prior bail must inform the grant of bail at subsequent stages.

Deepali Wijesundera