Kamani Shriyantha Abeysekara vs Officer-in-Charge, Colombo Crime Division, Hon. Attorney General – CA CPA/18/2021-2021

In the case between Kamani Shriyantha Abeysekara (on behalf of Shani Abeysekara) and the Officer-in-Charge, Colombo Crime Division, along with the Hon. Attorney General, the Court of Appeal addressed the issue of entitlement to bail for Shani Abeysekara following the High Court of Gampaha’s refusal to grant bail. The matter concerned allegations of fabricating false evidence and illegal possession of weapons under various statutory provisions, including the Penal Code and Offensive Weapons Act. The court determined that continued remand was not justified given the deficiencies in the prosecution’s case, procedural irregularities, and the bail regime under the Bail Act No. 30 of 1997, which prioritizes the grant of bail except in specified circumstances. The determination relied on legislat