Kuruppu Appulage Asitha vs Officer In Charge, Police Station, Peliyagoda – CA BAIL NO. 11/2016-2017

In the case between Kuruppu Appulage Asitha (Petitioner) and the Officer In Charge, Police Station, Peliyagoda, and the Attorney General (Respondents), the court addressed the legality of remanding the suspect under sections 8 and 9 of the Assistance to and Protection of Victims of Crime and Witnesses Act, No. 4 of 2015, and the application of bail procedures. It was held that the Magistrate is required to critically examine whether police actions, involving repeated remanding following B reports, constitute an abuse of statutory provisions and whether such remanding complies with section 81 of the Code of Criminal Procedure Act. The holding reaffirmed that a breach of bail conditions necessitates cancellation of bail per procedural law, rather than remanding under Act No. 4 of 2015. The d