Kadupitige Jayantha Lakshman Dharmasena vs. Headquarters Inspector (HQI) – CA BAIL 72/2021-2021

In the case of Kadupitige Jayantha Lakshman Dharmasena (suspect–petitioner) v. Headquarters Inspector, Police Station, Kuliyapitiya and Hon. Attorney General (complainant–respondents), the legal issue addressed was the entitlement to bail under Section 10(1)(c) of the Assistance to and Protection of Victims of Crime and Witnesses Act No. 4 of 2015, specifically whether continued remand without investigative or judicial progress qualifies as “exceptional circumstances” warranting bail. It was held that a prolonged remand period in the absence of investigative or judicial advancement constitutes an exceptional circumstance, justifying the grant of bail, and reaffirmed the principle that acts imposing restrictions on liberty must be interpreted in accordance with the requirement for expeditio