Apex court allows Sosma detainees bail

Free Malaysia Today

2 days ago

N Nithiyan and S Hemanathan are accused of being members of Gang TR, an organised criminal group, and will go on trial in October next year. (Bernama pic)
PUTRAJAYA : The Federal Court today allowed bail for two businessmen charged with a security offence pending the outcome of their trial with several conditions attached.
Justice Nallini Pathmanathan, leading a three-member bench, said the majority was of the view that N Nithiyan, 40, and S Hemanathan, 32, had made out a case primarily due to their health conditions.
'This is coupled with the inability of the prison system to attend to or care for prisoners who need special medical attention,' she said.
Justice Hanipah Farikullah concurred with Nallini, while Justice Abu Bakar Jais dissented.
Nallini said the assurances given by the Sungai Buloh prison doctor – as raised by their counsel and not disputed by the prosecution – were no guarantee.
'We take note of the number of prisoners there at 6,000 when it could accommodate only 2,500.
'With those numbers, it is difficult for the prison authorities to cope with fairly seriously ill prisoners who require regular medical monitoring. The resources at the prison are insufficient to meet these needs,' she added.
Nallini said the two men were also not flight risks.
'(In granting bail), we are exercising our powers under Section 13(2) of the Security Offences (Special Measures) Act (Sosma) as well as Section 388 of the Criminal Procedure Code,' she said in her broad grounds.
Hemanathan, who is wheelchair-bound, and Nithiyan were allowed bail of RM50,000 each with two sureties. They will be confined to their home compounds and are to be fitted with an electronic monitoring device each.
They are also to report to the police station nearest to their homes once in two weeks, and cannot travel outside of their residential home without police consent.
'They may travel to hospital for the treatment of their medical conditions with the permission of the police, which should not be unreasonably withheld,' Nallini said.
Hemanathan and Nithiyan were charged under Section 130V(1) of the Penal Code with being members of Gang TR, an organised criminal group.
The offence was allegedly committed at a seafood restaurant in Jeram, Kuala Selangor, over a period of five years between 2019 and 2024. If convicted, they face imprisonment of between five and 20 years.
The men were detained under Section 13 of Sosma as the Penal Code offence is deemed to be a security offence. Under the provision, bail is not permitted except to those aged below 18, women, and those who are sick or infirm.
The High Court and Court of Appeal dismissed their bail applications.
Earlier, lawyer Rajpal Singh submitted that bail should be allowed as their trial is only scheduled to begin on Oct 5 next year.
'The court has the discretion to offer bail as it is a bailable offence,' said Rajpal, who was assisted by Jay Moy and Jayarubbiny Jayaraj.
He said Nithiyan was suffering from unstable angina after going through angioplasty at a private hospital before he was charged.
The lawyer also said that Hemanathan is a diabetic and has had a heart ailment since his remand. He also suffers from high blood pressure and high cholesterol.
Deputy public prosecutor Ng Siew Wee opposed bail, claiming that reports issued by Sungai Buloh Hospital and a medical officer at the prison clinic indicated that their health conditions did not qualify them for bail.