High Court to rule on November 18 on bid to suspend parliamentarian's bail in bribery case

The Colombo High Court has announced that it will deliver its order on November 18 on whether to issue an interim injunction suspending the bail granted to Parliamentarian Namal Rajapaksa in connection with the Krrish bribery case. The Commission to Investigate Allegations of Bribery or Corruption (CIABOC) is challenging the November 3 decision of the Colombo Chief Magistrate to release him on bail, arguing that the ruling is legally flawed.
The Commission's case
The revision petition was taken up before Colombo High Court Judge Lal Ranasinghe Bandara. The request to suspend the bail order through an interim injunction was presented by Dhanuja Bandara, the Commission's Assistant Director of Legal Affairs. Legal representatives for the Commission argued that under Section 149(1) of the Anti-Corruption Act, a suspect produced before court with a certificate issued by the Commission’s Director General must be remanded until the conclusion of the trial, with the law allowing bail only in exceptional circumstances, and contended that the Magistrate had misapplied that exception in granting bail.
The Commission also raised concerns about witness safety, arguing that releasing the suspect could influence witnesses in the ongoing case. It told the court that two people who had earlier hesitated to testify out of fear came forward to give evidence after the suspect was remanded, and that a witness in the case, Nimal Perera, is currently residing in Australia citing threats to his life.
The defence response
President's Counsel Ali Sabry, appearing for the Parliamentarian, strongly objected to the request, arguing that the interim relief sought by the prosecution is identical to the final relief, which is barred under established Supreme Court precedents. He maintained that the Magistrate acted strictly within the framework of the law by properly identifying exceptional circumstances, specifically the severe heart condition of the suspect's mother. He told the court that a 95 percent blockage had been detected in her heart, placing her in a life-threatening condition, and that granting bail so the Parliamentarian could care for her was just. While some may behave like machines regardless of their parents' health, he argued, the Parliamentarian could not do so while his mother's life was in danger, and it would be inhumane to say this situation could not be considered an exceptional reason. He urged the court to reject the interim injunction request. He also questioned the urgency of the Commission’s application.
Following submissions from both sides, Judge Lal Ranasinghe Bandara stated that the decision on whether to issue the interim suspension order will be delivered on November 18.
The submissions are competing legal arguments, not findings that the alleged offences or witness interference have been proved. The announced November 18 order concerns the interim request to suspend bail.