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| Thursday, 26 August 2004 |
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by Sandasen Marasinghe Colombo High Court Judge Sarath Ambepitiya, yesterday refused the revision application filed on behalf of UNP Member of Parliament for Colombo District K.B. Lilantha Perera in remand custody by his wife Shani Marcella Rena Anthonyz. Anthonyz filed a revision application before the Colombo High Court praying to quash the order by the Magistrate on May 16 and release Perera on bail. The petitioner had cited the Officer-in-Charge of the Colombo Crime Detection Bureau and the Attorney General as respondents. Perera surrendered to the Colombo Crime Detection Bureau on May 16, 2004 following reports that police were to arrest him on an allegation of misappropriation of roofing sheets which were to be distributed among low income earners. He was produced before the Colombo Magistrate on May 16 and was kept in remand custody with the Magistrate refusing bail. The petitioner with the stated that her husband was a heart patient and suffering from acute diabetes and receiving treatment for a long period. The Magistrate had failed to consider the exceptional circumstances pleaded on behalf of the suspect. Therefore the petitioner prayed to revise the order by the Magistrate and refuse it. The High Court observed that there should be special reasons to grant bail to a suspect taken under the public property act. The High Court also observed that the Magistrate had accepted that the suspect was suffering from diabetes and heart disease. But the reason to refuse granting bail to the suspect by the Magistrate was that the medical report by the Prison Medical Officer revealed that the suspect had deliberately refused to take treatment to control the disease and misusing it to take mean advantage to be granted bail. The court also observed that according to the JMO's report the suspect could be treated at the Colombo National Hospital and not necessary to undergo a surgery. The petitioner had not produced these reports before the court as they were not in favourable to the suspect. Hence the Colombo High Court dismissed the revision application as there were no special grounds under Public Property Act grant Bail on the suspect and had not forwarded special reasons to squash the Magistrate order. Senior State Counsel Mohan Senaviratne appeared for the respondents. |
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