Raththaran Hendige Upul Priyadarshana vs. Officer in Charge, Police Station, Kaluthara North – CA BAIL/02/2020-2020

In the case between Raththaran Hendige Upul Priyadarshana (Petitioner/1st Suspect) and Officer-in-Charge, Police Station, Kaluthara North (Complainant/1st Respondent) with the Hon. Attorney-General (2nd Respondent), the court addressed the issue of bail entitlement under Section 8(2) of the Assistance to and Protection of Victims of Crime and Witnesses Act No. 04 of 2015. It was held that prolonged remanding of the accused, without the filing of an indictment or the holding of an inquiry for over twelve months, constitutes exceptional circumstances warranting the granting of bail under Section 10(1)(a) of the Act. The principle reaffirmed is that the right to liberty may justify bail in exceptional circumstances, particularly when remand periods are unduly extended without prosecutorial pr