Don Prabath Thilanka v. The Hon. Attorney General and Others – CA PHC REV.APPN NO.116/2014-2015

In the case between Don Prabath Thilanka (petitioner) and the Hon. Attorney General, OIC/PNB, and OIC Police Station, Horana (respondents), the court addressed the issue of whether the Court of Appeal should revise the High Court of Kalutara’s order denying bail to a petitioner charged with possession of heroin after the filing of an indictment. It was held that the Court of Appeal should not intervene to grant bail under these circumstances, reaffirming the principle that when a case advances to the indictment stage, the trial High Court retains the primary jurisdiction over bail matters. The decision was grounded in procedural propriety, emphasizing that appellate intervention at this stage would usurp the trial court’s powers, and thus the bail application was dismissed.

W.M.M. Malinie