Sakkariya Mohamed Rizwan vs. Officer in Charge Police Station Pothuvil and Hon. Attorney General – CA BAIL/0001/22-2022

In the case between Sakkariya Mohamed Rizwan (Suspect – Petitioner) and the Officer in Charge, Police Station Pothuvil and the Hon. Attorney General, the court addressed the issue of whether the Petitioner, who had been held in remand since 2021 while charges remained unresolved, could be granted bail under the Assistance to and Protection of Victims of Crime and Witnesses Act. The court held that the Petitioner’s conduct—including stone throwing at a police officer during a civil commotion and subsequent threats made to the same officer while in custody—did not amount to “exceptional circumstances” sufficient to justify the grant of bail, despite the prolonged period of remand. The principle was reaffirmed that the threshold for exceptional circumstances is stringent and must be assessed