CA dismisses Bail application of Aloysius and Palisena

By Shehan Chamika Silva

The Court of Appeal today dismissed the revision bail application of Aloysius and Palisena stating that petitioners had failed to satisfy the Court to invoke revisionary powers of the Court under the Criminal Code Procedure.

The Bench comprising Justice Shiran Gunaratne and Prithi Padman Surasena (President) delivered this ruling considering the revision bail application filed on behalf of the two suspects.
The Court observed that petitioners (Arjun Aloysius and Kasun Palisena) had failed to satisfy the Court to invoke its revisionary powers set out in Section 164 of the Code of Criminal Procedure by proving any ground of illegality or impropriety of the previous Magistrate's order.

Considering the arguments placed before Court over the question of law under the Public Property Act (PPA), the Court also held that the current stage of the magisterial inquiry is premature to consider on charges under the PPA since still there were no specific chargers levelled against suspects in a High Court. Therefore, the ingredients to prove illegally of PPA being brought to the inquiry can be considered on a trial stage.

Thereby, the Court refused to issue notices on Attorney General as the respondent of the application and decided to dismiss the application based on the reasons set out in the judgement.

Senior Additional Solicitor General Yasantha Kodagoda and Senior Deputy Solicitor General Haripriya Jayasundara appeared for the AG in this petition, while President's Counsel Gamini Marapana and President's Counsel Kalinga Indatissa appeared on behalf of the petitioners.

Earlier, the Fort Magistrate remanded the suspects considering the allegations levelled against them under the Public Property Act. And later, the suspects went to the High Court as the magistrate could not release them on bail as per the PPA, where one who misappropriated public property causing more than Rs. 25, 000 damage to the State has no bail relief unless exceptional circumstances or by a high court judge.

However, Colombo High Court also refused to grant bail on suspects rejecting the suspects’ petitions. 

As a result, the suspects filed a revision bail petition in Court of Appeal to revise the bail order of the Magistrate and the decision of the High Court.