Wickrama Kodippili Patabendige Jayaratne v. Officer in Charge and Hon. Attorney General – CA/BAL/63/22-2023

In the case between Wickrama Kodippili Patabendige Jayaratne (petitioner, seeking bail for Yaddehige Saman, the suspect) and the Officer in Charge, the Hon. Attorney General, and Yaddehige Saman (respondents), the court addressed the question of eligibility for bail under Section 10(1)(a) of the Assistance to and Protection of Victims and Witnesses Act No. 04 of 2015 in circumstances involving alleged intimidation of a witness. It was held that the presence of threats and duress, together with the demonstrated reluctance of a witness to provide evidence due to intimidation, failed to establish the required “exceptional circumstances” for the granting of bail. The principles underlining the protection of victim and witness rights were reaffirmed, and it was emphasized that permitting bail i