Basnayaka Appuhamilage Anisiya Thisera vs The Hon. Attorney General – CA PHC APN 65/2013-2013

In the case between Basnayaka Appuhamilage Anisiya Thisera alias Anishia Thisera (Petitioner) and The Hon. Attorney General and Officer in Charge, Police Station, Chilaw (Respondents), the Court addressed the issue of whether a suspect incarcerated for nearly two years, also indicted for double murder in another case, should be released on bail after refusal by the High Court. The Court held that the prolonged detention warranted grant of bail, thus setting aside the High Court’s order and stipulating strict bail conditions. The principle reaffirmed is that extended pre-trial incarceration can justify bail, even in cases involving serious new indictments. Reliance was placed on relevant procedural provisions governing judicial discretion in bail determinations, underscoring that exceptiona