Nishshanka Pedige Chandrika Harshani Samaranayake vs Officer-in-charge, Police Station, Rambukkana – CA BAL/31/2020-2021

In the case between Nishshanka Pedige Chandrika Harshani Samaranayake (on behalf of Weeraddana Nandana Pushpakumara, suspect-petitioner) and the Officer-in-Charge, Police Station, Rambukkana, and the Hon. Attorney General of Sri Lanka, the Court of Appeal addressed the issue of entitlement to bail under Section 10(1)(a) of the Assistance to and Protection of Victims of Crimes and Witnesses Act, No.4 of 2015, which requires a showing of “exceptional circumstances” for release when charged with offences under Sections 8 or 9 of the Act. It was determined that the grounds advanced by the petitioner, including health concerns, breadwinner status, credibility of the complaint, length of incarceration, and lack of prior convictions, did not meet the threshold of “exceptional circumstances.” Judi