Sosma accused in Geng TR case granted bail on medical grounds in rare Federal Court ruling
The court also imposed conditions for the two men to wear electronic monitoring devices and remain within the compound of their respective homes.
The decision was made in a 2-1 majority by a three-member panel led by Federal Court judge Tan Sri Nallini Pathmanathan.
She said the majority were of the view that S. Hemanathan, 31, and N. Nithiyan, 39, had made out their case primarily due to their health conditions, coupled with the inability of the prison system to attend to or care for prisoners who need special medical attention.
'They are prohibited from travelling outside of their residential home without reasonable consent of the police and must report to the nearest police station once every two weeks. Also, they may travel to hospitals for treatment of their medical conditions with the permission of the police, which should not be unreasonably withheld,' she said.
Justice Datuk Hanipah Farikullah supported the majority ruling, while Justice Abu Bakar Jais dissented.
Earlier, defence counsel Datuk Rajpal Singh had urged the court to allow bail on medical grounds.
He said Nithiyan suffers from ischemic heart disease, hypertension and dyslipidemia, which could lead to life-threatening cardiovascular failure without consistent treatment, while Hemanathan, who uses a wheelchair, suffers from diabetes, hypertension, dyslipidemia and high cholesterol, and has not received consistent treatment in prison.
Deputy Public Prosecutor Ng Siew Wee argued that both men had received necessary treatment and their conditions were under control.
Hemanathan and Nithiyan were charged in the Sessions Court in May last year for being members of an organised crime 'Geng TR' in Sunggai Janggut Seafood Restaurant in Jalan Bagan Sungai Janggut, Jeram, Selangor between November 2019 and May 2024.
They were charged under Section 130V of the Penal Code, read together with the Security Offences (Special Measures) Act (Sosma).
Their case was transferred to the High Court in Aug last year, and the trial is fixed to begin in October next year. — Bernama
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