Bulathsinghalage Mallika vs Mosess Rangajeewa Neomal et al. – CA PHC APN 138/2014-2015

In Bulathsinghalage Mallika (on behalf of the 6th and 7th suspects) v. Mosess Rangajeewa Neomal, Inspector of Police, Narcotics Bureau, Colombo 01, and others, the court addressed the issue of whether an application for bail under Section 404 of the Code of Criminal Procedure is maintainable before the Court of Appeal after the High Court has cancelled earlier bail orders. It was held that such an application is not maintainable, as Section 404 only vests the Court of Appeal with appellate and revisionary jurisdiction, not original jurisdiction to grant bail. The decision reaffirmed that the Court’s function under Section 404 is limited to reviewing or revising lower court decisions, consistent with Supreme Court and prior precedent, emphasizing that jurisdictional limits must be strictly