Latest news with #Nithiyan
Free Malaysia Today
03-07-2025
- Health
- Free Malaysia Today
Apex court allows Sosma detainees bail
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.
The Star
03-07-2025
- Health
- The Star
Federal Court grants bail to businessmen charged with organised crime links
PUTRAJAYA: The Federal Court has granted bail of RM50,000 each for two businessmen charged with being members of an organised crime group, pending the outcome of their trial. 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 on Thursday (July 3) 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 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
Malay Mail
03-07-2025
- Health
- Malay Mail
Sosma accused in Geng TR case granted bail on medical grounds in rare Federal Court ruling
PUTRAJAYA, July 3 — The Federal Court today granted bail of RM50,000 each for two businessmen charged with being members of an organised crime group, pending the outcome of their trial. 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
