Danuwana Tillekeratne case:

Court refuses bail application

Sarath MALALASEKERA

The Colombo Fort Magistrate and Additional District Judge Lanka Jayaratne yesterday refused an anticipatory bail application by Danuwana Tillekeratna, son-in-law of General Sarath Fonseka.

On an application by the Criminal Investigation Department (CID) the Judge made an order impounding the passport of Danuwana Tillkeratne. The Judge also directed the Registrar of the Court to inform the Controller of the Immigration and Emigration about the Court order.

Delivering the order the Judge said that a blanket order of an Anticipatory bail should not generally be passed. It is an order which serves as a blanket to cover or protect every kind of alleged unlawful activity.

However, when one considers the intention of the Parliament in introducing the Bail Act, it is observed that this Act would not apply to other written laws which contain express provisions in respect of bail for persons accused of offences under such laws, the order added.

According to the submissions by the Senior State Counsel Dammith Totawatta who objected to the anticipatory bail application by Danuwana Tillekeratne said that the investigations in connection with the arms deal had revealed that the Sri Lankan Company had forwarded several forged documents to a foreign company in respect of the contract.

Quoting several Judgements from India and former Chief Justice Sarath N. Silva PC and Supreme Court Judge Justice Dr. Shirani Bandaranayake, Judge Lanka Jayaratne said that the grant of bail will be in the discretion of the Court. In doing so the court will take into consideration the nature of the accusation, the nature of the offence, if any, the materials in support of the accusation, the correct behaviour, means and standards.

In the lengthy order Judge Jayaratne said anti-social adventures cannot claim for their nefarious activities for the defence of the society itself of which they form an integrate part. Anticipatory bail some extent intrudes in the sphere of investigation of crime. The Court must be cautious and circumspect in exercising such power of discretionary. The Judge emphasised in the order that status of the petitioner, both Religious and temporal, are irrelevant for the purpose of granting or refusing of bail. The Judge said that the Senior Defence Counsel Saliya Peiris had said that the CID is attempting to arrest his client for unbailable offence and there is not an iota of evidence to arrest his client in connection with any arms deal under the Public Property Act.

The Judge also stated in the order the Senior State Counsel had submitted to court that the CID had informed the applicant in this anticipatory bail application to appear before the CID on February 1, 2010, but he had admitted himself to a hospital. Later the CID found out that the petitioner had left the hospital on the same evening. The CID is unaware about the wahreabouts of the petitioner.

Senior State Counsel Dammith Totawatte appeared with CID Officers Mohan Siriwardena and Gajanayake. Senior Defence Counsel Saliya Peiris with Uditha Abeyratne appeared on behalf of Danuwana Tillekeratne.