Mendis vs Softlogic Retail (Pvt) Ltd and Others – sllr 2019 volume 3 page 459

In the case between Mendis (Plaintiff) and Softlogic Retail (Pvt) Ltd and Others (Defendant), the court addressed the entitlement of a petitioner to anticipatory bail under alleged exceptional circumstances, despite facing accusations of fraud and absconding. It was held that anticipatory bail is an extraordinary remedy, not a right, and should be granted only under exceptional circumstances, reaffirming the principle that judicial discretion under section 21 of the Bail Act is paramount when such applications arise. The decision relied on relevant Indian case law and legal commentaries, emphasizing that the refusal of anticipatory bail by both the Magistrate and the High Court was justified, and no miscarriage of justice occurred.

Wickremasinghe J. — The case facts were analyzed with re