MACDONELL CJ.—Rer v. VelupiUai.
1981Present: Macdonell G.J.
REX VELUPII/LAlP. C. Jaffna, lt9SL
Sail—Accused charged with murder—Committed for trial—Special grounds.
Where an accused, charged with murder, has been committed fortrial, special grounds mu6t be adduced for the granting of bail, wherethe Grown opposes the application.
HIS was an application for bail on behalf of a person charged withmurder and committed for trial.
Choksy, for the petitioner.
Crossette ,Thambiah, C.G.t for the Crown.
September 23, 1931. Macdonell C.J.—
I do not think I ought to grant this application for bail. Noturallyone is sorry for the accused, but one must determine this applicationaccording to principle. The accused has been committed for trial,and if I were to accede in any way to what was the first argument putforward, namely, a criticism of the evidence taken, I would be usurpingthe province of the jury. I rely on .the words of Lyall Grant J. in asimilar application made to him last June. He has said that in suchapplications, that is to say, where the charge is one of murder and theaccused has been properly committed for trial, strong grounds or special.grounds must be adduced for the granting of. bail whenever the Crownopposes that application.
I agree that there is nothing to suggest that the accused, if enlarged■on bail will tamper with the evidence, medical or other, but there is thispoint, that in a case where a man is on trial for his life he has a verystrong motive to abscond, and although we know that this is a case'in which it is improbable that the death penalty will be inflicted, still hemay not know that fact, and he may be a person of weak nerves, and•even the mere possibility of the death penalty being inflicted may.tempt him to abscond. It puts the onus the wrong way to say that itmust be shown that the accused is likely to abscond. The argument•should be the other way; it should be shown to the Court that there isno reason for this man to abscond, and a strong and special reason must'be brought forward and established. I am sorry that I do not see thespecial reason in the present case, consequently I must refuse thisapplication, with regret, because this unfortunate man will be in jail forbetween 7 or 8 months, from last July to February, 1932.
This application is refused, with liberty to the accused to apply againif any special reasons can be given.
REX v. VELUPILLAI