HEMANATHAN A/L SELVARAJAH v Pendakwa Raya [Jabatan Peguam Negara]
Catchwords
Practice Areas
Judges (3)
Counsel (3)
Case Significance
HEMANATHAN A/L SELVARAJAH v Pendakwa Raya [Jabatan Peguam Negara] is a Court of Appeal (Mahkamah Rayuan) decision dated February 25, 2025 (citation: b-07-111-12-2024). <p>The applicant, charged with membership in an organized crime group under s.130V(1) of the Penal Code (a SOSMA offence), applied for bail pending trial on grounds of illness. The Court of Appeal dismissed the application, finding that the applicants' health conditions did not reach the threshold of chronic illness requiring care unavailable in prison. The court noted applicants may re-apply if their health conditions change.</p> The panel comprised Azmi bin Ariffin, Che Mohd Ruzima bin Ghazali and Mohd Firuz bin Jaffril, with Che Mohd Ruzima bin Ghazali delivering the judgment. Counsel appearing: Dzvuriyah bt. Belayit Hussein (counsel for applicant), Naizatul Zamrina bt. Karizaman (counsel for applicant), Zaki Asyraf Bin Zubir (prosecution counsel).
Summary
The applicant, charged with membership in an organized crime group under s.130V(1) of the Penal Code (a SOSMA offence), applied for bail pending trial on grounds of illness. The Court of Appeal dismissed the application, finding that the applicants' health conditions did not reach the threshold of chronic illness requiring care unavailable in prison. The court noted applicants may re-apply if their health conditions change.
What was the outcome of HEMANATHAN A/L SELVARAJAH v Pendakwa Raya [Jabatan Peguam Negara]?
<p>The applicant, charged with membership in an organized crime group under s.130V(1) of the Penal Code (a SOSMA offence), applied for bail pending tr...