Kaduruwana Hewawasamge Kusumawathie vs Hon. Attorney General – CA PHC APN 142/2011-2012

In the case between Kaduruwana Hewawasamge Kusumawathie (Plaintiff) and the Hon. Attorney General (Defendant), the court addressed the issue of the procedural viability of proceeding with a writ petition after an indictment has been forwarded to the High Court and the authority of the High Court Judge to consider bail upon service of the indictment. The court held that, upon issuance of the indictment to the relevant High Court, jurisdiction is vested in the High Court Judge to consider bail, and procedural propriety allows for withdrawal of the pending writ petition in such circumstances. The decision reaffirmed the principle that, once an indictment is issued and served, matters concerning bail fall within the exclusive domain of the criminal court seized of the indictment. The dismissal