Wisnadewayalage Nirosh Malkanthi Vs. Officer in Charge Police Station Giradurukotte & Hon. Attorney General – CA BAIL 30/22-2022

In the case between Wisnadewayalage Rathnapala (Petitioner/Suspect) and the Officer in Charge, Police Station Giradurukotte, with the Hon. Attorney General representing the state (Complainant/Respondent), the court addressed the issue of whether bail could be granted under section 10(1) of the Assistance to and Protection of Victims of Crime and Witnesses Act, No 04 of 2015, in circumstances where the suspect had spent eight months in remand without resolution of the substantive case. It was determined that the proper application of “exceptional circumstances” required a contextual analysis of case facts, including the length of remand and the lack of case progress. The judgment held that bail should be granted, reaffirming the principle that statutory bail restrictions may be relaxed when