Shearvin Rajoo A/L John & Ors v Pendakwa Raya

Applicant(s): Shearvin Rajoo A/L John

Respondent(s): Pendakwa Raya

• YA Dato' Paduka Azman Bin Abdullah
• YA Datuk Mohamed Zaini Bin Mazlan
• YA Dato' Azmi Bin Ariffin

• The applicants were charged under section 130V of the Penal Code (Act 574), an offence falling under the Security Offences (Special Measures) Act 2012 (SOSMA), and sought bail.
• Their initial bail application in the High Court was rejected, leading them to appeal to the Court of Appeal.
• The applicants argued for bail primarily on grounds of being "sick or infirm persons" under section 13(2)(c) SOSMA, citing various medical conditions for each applicant.

• Whether the applicants' medical conditions met the threshold of "sick or infirm" under section 13(2)(c) SOSMA to warrant the granting of bail.
• Whether the general bail provisions under sections 388(1) or 389 of the Criminal Procedure Code (Act 593) were applicable to security offences under SOSMA.
• Whether the Court should consider fundamental rights under Article 8 of the Federal Constitution and the principle of "presumption of innocence" in a bail application for a security offence.

• The Court, guided by the Federal Court's decision in *Samat bin Yamin v. Public Prosecutor*, held that the illness or infirmity must be severe, debilitating, or life-threatening to justify bail under section 13(2)(c) SOSMA.
• The Court found that the applicants' medical conditions, despite their discomfort, did not meet this high threshold, as they could still receive adequate treatment while in detention.
• The Court affirmed that section 388(1) of the Criminal Procedure Code is not applicable to security offences like the one charged under section 130V of the Penal Code, which falls under SOSMA.