The Court of Appeals will hear former deputy premier Anwar Ibrahim's application for bail on July 14. While his immediate fate is in the hands of three judges, I believe it is important for all of us to have a clear understanding of the legal issues that are involved.

It is my understanding that sodomy is a bailable offence in Malaysia, and that bail is granted routinely. First, after arrest, the accused is entitled to bail. Even after conviction, bail is granted routinely while the court hears the appeal.

But in Anwar's case, Malaysia's courts have not followed their own judicial guidelines and precedents. Bail has been denied .

Why the "special treatment" for Anwar? Why is he kept in jail, while everyone else in similar circumstances has been free on bail?

There are a few grounds for denying bail, but to my understanding they do not apply in this case:

The non-bailable offences in Malaysia are murder and attempted murder, rape and attempted rape, and treason. Anwar has not been convicted of any of these. All other crimes are bailable.

There is no likelihood that Anwar will commit any crime or offence while released on bail, for if he does, his bail would be revoked and he would end up back in prison. No intelligent person seeks to go back to jail.

Nor is there any likelihood that he will flee the country. The government will hold his passport, and Anwar knows that fleeing the country would be political suicide.

Bail can be denied if there is concern that the accused will interfere with witnesses. But at this stage of the legal process - the appeals court - there are no witnesses. So this restriction does not apply.

Bail can be denied if there is reason to believe that the accused will not appear in court as required. In Anwar's case, I can think of no reason why he would not appear for his court dates. Indeed, Anwar seems to have looked forward to his court appearances as an opportunity to prove his innocence.

Anyhow, this is my understanding of the legal issues that are involved. I would welcome any corrections or clarification from legal experts.

But for those of us who are watching these court proceedings from afar, the basis for granting bail is clear, and it is difficult to understand legally why it should be denied.