Ragunathan A/l Selvamani

Ragunathan A/l Selvamani

The Court found the prosecution had adduced a prima facie case under section 304(a) Penal Code, the offence is non-bailable under the First Schedule, and there was a real risk of interference with prosecution witnesses; prolonged detention alone did not amount to exceptional grounds. Therefore the applicant failed to discharge the burden under section 388(2) CPC and bail was refused.

Citation
BA-44-96-02/2024 (Mahkamah Tinggi)
Parties
Accused/applicant: Ragunathan A/L Selvamani; Prosecution/respondent: Pendakwa Raya
Court
High Court
Jurisdiction
Malaysia
Judgment Date
8 March 2024
Case Number
BA-44-96-02/2024 (Mahkamah Tinggi)
Procedural Posture
Criminal (murder/reduced to Section 304(a) Penal Code) / High Court Bail Application Under Section 388(2) CPC After Prosecution Case Called and Defence Stage; Prosecution Appeal to Court of Appeal Causing Postponement
Outcome
Bail application dismissed
Legal Topics
Bail, Non Bailable Offences, Section 388 Criminal Procedure Code, Section 304(a) Penal Code, Prima Facie, Witness Tampering, Remand/detention
Source Language
Malay/English
Criminal Law Criminal Procedure Bail Non Bailable Offences Section 388 Criminal Procedure Code Section 304(a) Penal Code Prima Facie Witness Tampering +1 more

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Parties

Ragunathan A/L Selvamani

Accused/applicant

Pendakwa Raya

Prosecution/respondent

Procedural Posture

Criminal (murder/reduced to Section 304(a) Penal Code) / High Court Bail Application Under Section 388(2) CPC After Prosecution Case Called and Defence Stage; Prosecution Appeal to Court of Appeal Causing Postponement

Legal Issues

  1. 1 Whether applicant is entitled to bail under section 388(2) CPC
  2. 2 Whether prolonged detention constitutes exceptional ground for bail
  3. 3 Whether reasonable grounds exist to believe accused has not committed a non-bailable offence

Ratio Decidendi

The Court found the prosecution had adduced a prima facie case under section 304(a) Penal Code, the offence is non-bailable under the First Schedule, and there was a real risk of interference with prosecution witnesses; prolonged detention alone did not amount to exceptional grounds. Therefore the applicant failed to discharge the burden under section 388(2) CPC and bail was refused.

Court Disposition

Bail application dismissed

Orders

  • Bail application under section 388(2) Criminal Procedure Code dismissed