23 Sept 2024
ALAGESAN A/L MUTUSAMY
- Citation
- BA-44-180-07/2024 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-44-180-07/2024 (Mahkamah Tinggi)
Applicant qualifies as 'infirm' on medical evidence and the prison has not demonstrated the ability to provide necessary accommodation; where the specific no-bail provision (s41B) does not address infirm detainees and doing otherwise would effect an unjust and punitive deprivation of liberty for an unconvicted disabled person, the court will apply the general proviso in s388 CPC to grant bail. Respondent's lack of evidence from the prison was decisive. Bail was granted with conditions and amount specified.