Officer in Charge, Police Station, Pannala vs. Marasinghe Mudiyanselage Pradeep Suranga Alias Banda and Kariyapperuma Athukoralage Suranga Sanjeewa Alias Ranga – CA BAL/11/21-2022

In Officer in Charge, Police Station, Pannala v. Kariyapperuma Athukoralage Suranga Sanjeewa Alias Ranga and others, the court addressed the entitlement to bail for the 2nd Suspect–Petitioner under Section 10(1) of the Assistance to and Protection of Victims of Crimes and Witnesses Act No. 4 of 2015, specifically interpreting the requirement of ‘exceptional circumstances.’ It was held that prolonged incarceration without indictment and the absence of evidence connecting the alleged threat to retaliation for witness testimony constitute ‘exceptional circumstances’ justifying bail. The holding reaffirmed the principle that, for offenses requiring demonstration of special grounds for release, extended delay and lack of substantive prosecutorial evidence are critical factors. This decision rel