Hettimadda Vithanage Chaminda Susantha v. The Officer in Charge Police Station Bentota – CA BAIL/073/2021-2021

In Madawala Madduwage Gnanalatha (for Hettimadda Vithanage Chaminda Susantha) v. Attorney General, the issue concerned the grant of bail to a suspect detained since July 2021 without indictment under the Assistance to and Protection of Victims of Crime and Witnesses Act and the Bail Act. It was held that prolonged pre-indictment remand constituted an exceptional circumstance warranting bail, reaffirming the principle that the threshold for “exceptional” must be assessed on a case-by-case basis in accordance with statutory intent. This decision invoked relevant legislative provisions and judicial discretion, emphasizing the protection of suspects’ rights where protracted detention exists absent formal judicial proceedings.

Menaka Wijesundera J. — The application was considered in the cont