L.R. Ajantha Pushpa Kumara Vs. The Officer in-charge, Police Station, Thalawa and others – CA BAL/38/2020-2020

In the case between L.R. Ajantha Pushpa Kumara and the Officer in-Charge, Police Station, Thalawa; Officer in-Charge, Police Station, Eppawala; Officer in-Charge, Homicide Unit, Criminal Investigation Department, Colombo; and the Hon. Attorney General, the court addressed the issue of whether a suspect detained almost 25 months under the Assistance to the Protection of Victims of Crimes and Witnesses Act No. 4 of 2015 for allegedly threatening a witness could be granted bail, given the requirement of “exceptional circumstances” under section 10(1)(a). It was held that prolonged pre-trial detention, in the absence of a proper inquiry establishing prima facie grounds, may amount to “exceptional circumstances” justifying bail. The decision reaffirmed that statutory provisions protecting witne