On 7 February 2024, a 44-year-old wheelchair-bound man was charged with trafficking 6.276kg of cannabis at a house in Kampung KL Tin Kalumpang, Kuala Kubu Baru, Hulu Selangor, Selangor.
The Shah Alam High Court later granted him bail of RM150,000 with two sureties while he awaited trial. The man was also required to report to a nearby police station, surrender his passport and remain at home between 7:00 PM and 7:00 AM, as reported by Berita Harian.
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OKU man charged with drug trafficking gets RM150,000 bail revoked
The Court of Appeal today (23 October) overturned the High Court’s decision to grant bail to M Alagesan, who is awaiting trial for drug trafficking.
A three-member panel comprising Justices Datuk Dr Choo Kah Sing, K Muniandy and Datuk Seri Latifah Mohd Tahar allowed the prosecution’s appeal and ordered Alagesan to remain in remand custody.
However, the panel agreed to the defence’s request for him to be placed in the hospital unit at Sungai Buloh Prison until his trial concludes.
Kah Sing said the High Court had erred in granting bail under Section 388 of the Criminal Procedure Code, as Section 41B(1)(a) of the Dangerous Drugs Act (DDA) 1952 prohibits bail for certain serious drug offences punishable by death or life imprisonment and at least 12 strokes of the cane.
He added that the DDA takes precedence over any conflicting provisions in other written laws.
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His condition prevents him from using prison squat toilets
Deputy Public Prosecutor Hafizah Johor Ariff Johor argued that Section 41B(1)(a) of the Dangerous Drugs Act (DDA) 1952 prohibits bail for offences carrying the death penalty, leaving the High Court with no discretion to grant it.
She warned that allowing bail based on health conditions could encourage other detainees facing charges under Section 39B of the DDA to seek similar treatment.
However, Alagesan’s lawyer, Datuk Naran Singh, argued that the court could still grant bail in exceptional circumstances, highlighting that his client is paralysed from the waist down and unable to use squat toilets commonly found in prisons.
Following the ruling, the court ordered the RM150,000 bail to be refunded and directed the trial court to bring forward the hearing dates, aiming to conclude the trial by the end of this year if possible, taking Alagesan’s health into account.
His trial was previously scheduled for 17 to 19 February and 24 to 26 March 2027.
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Also read: From Cocaine Hidden in Shoes to 521kg of Meth on a Jet: 6 Drug Cases Linked to M’sia
