Sirimanna Arachchige Hasitha Hansaka vs. Officer in Charge Police Station Malwathuhiripitiya and Hon. The Attorney General – CA BAIL/39/22-2022

In the case between the Officer in Charge, Malwathuhiripitiya Police Station (Complainant/State) and Sirimanna Arachchige Hasitha Hansaka (Suspect/Petitioner), the court addressed the issue of whether bail should be granted under the Assistance to and Protection of Victims of Crime and Witnesses Act in the context of grave allegations of kidnapping and sexual abuse of a minor. The court held that the exceptional circumstance advanced—namely, the suspect’s tender age—did not outweigh the seriousness of the offence and the suspect’s conduct after the alleged incident. It was established that the objectives of the Act would be undermined by granting bail in this instance. This decision relied on the statutory framework concerning bail in serious offences against minors, emphasizing the necess