Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Security offences

  • 10 Mar 2021

    MD NASIR UDDIN

    Citation
    BA-44-107-2/2020 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    BA-44-107-2/2020 (Mahkamah Tinggi)

    The court dismissed the bail application: it held it was not bound by Saminathan or Koh Chin Wah and that, absent a valid exception under s13(2) SOSMA, section 13 properly construed and presumptively constitutional prevents the exercise of section 388 CPC to grant bail for security offences; therefore the applicant was not entitled to bail.

  • 4 Feb 2020

    PENDAKWARAYA 1. CHIEN GUAN CHAI 2. MOHD FAIZAL TAN BIN ABDULLAH

    Citation
    PA-44-2-01/2020 & PA-44-3-01/2020 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    PA-44-2-01/2020 & PA-44-3-01/2020 (Mahkamah Tinggi)

    Section 26E ATIPSOM is a non-bailable offence in that the court retains discretion under s13(2) SOSMA to grant bail in specified circumstances; s388A CPC gives the court discretion to order EMDs and does not make attachment mandatory even if the Public Prosecutor applies; because the prosecution failed to provide sufficient reasons to vary earlier bail conditions (RM20,000 with one surety and surrender of travel documents) and respondents attended all hearings, the court dismissed the applications for EMDs and maintained the prior bail conditions.