When a person is arrested, one of the first questions that arises is: Should they be kept in custody, or released on bail?
Not everyone has an automatic right to bail. It is a careful balance the law maintains between protecting the rights of the accused and
ensuring justice for society.
What Happens After an Arrest?
Any person who is arrested must usually be produced before a court within 24 hours. At that stage, the court decides whether to release the person on bail or place them in remand custody.
Why Does the Court Order Remand?
A court may order remand only if:
- It is necessary to conduct the investigation without interference,
- There is a risk that the accused might tamper with evidence or influence witnesses, or
- The accused is considered a danger to society.
Types of Bail Applications
The possibility of getting bail depends on the nature of the offence:
- Bailable Offences
- In these cases, bail is a legal right.
- Courts usually grant bail immediately.
- Non-Bailable Offences
- Here, the accused has no automatic right to bail.
- However, they may still apply for bail, and it is entirely up to the discretion of
the court to grant or refuse it.
Special Laws and Their Priority
Certain offences are governed by special laws, which include their own rules about bail. In such cases, these rules override general law.
For example, under the Prevention of Terrorism Act (PTA), magistrates do not have the authority to grant bail to suspects.
Case Example: Ranil Wickremesinghe’s Bail Decision
Former Prime Minister Ranil Wickremesinghe was charged under the Offences Against Public Property Act, a special and stringent law.
Under this law, bail can be granted only in special circumstances. Examples of such circumstances include:
- Serious illness,
- Legal errors in the case, or
- Situations where continued detention would be a grave injustice.
- On August 22, his bail request was rejected because he failed to provide
adequate medical documents. - On August 26, after submitting proper medical evidence, the court recognized
special circumstances and granted bail.
A Key Clarification: Bail is NOT Freedom
Bail does not mean full acquittal. It is only a temporary release until the trial concludes. Granting bail does not mean the court or authorities support the accused. Its purpose is to balance the rights of the individual with the safety of the community. Anyone released on bail must appear in court at every required hearing, and if ultimately found guilty, punishment is unavoidable.
In Summary
Bail is a legal mechanism that allows an accused person to remain free until the trial is completed.
Whether bail is granted depends on:
- The seriousness of the offence,
- The relevant laws, and
- The court’s discretion.
It is not a declaration of innocence, but a safeguard to ensure justice is delivered fairly while respecting fundamental rights.