Koodathayi Murder: Kerala High Court Dismisses Accused Jolly's Second Bail Plea, Says Her Release Would Have Deleterious Impact On Society

Justice C S Dias stated that if the allegations raised against Jolly were true, then she had committed pre-mediated, gruesome, cold-blooded murders without any contrition. It further stated that there were intelligence reports regarding public outrage and potential revolt against Jolly for committing familicide and her release would have a deleterious impact on society.

“On a consideration of the materials placed on record, the rival submissions made across the bar, the law on the point, especially on evaluating the nature, gravity and seriousness of the offences alleged against the petitioner ―including the allegation of familicide of six persons ―the petitioner's criminal antecedents, the petitioner's attempt to influence the witnesses, that the trial in the cases has commenced, the petitioner's foiled attempt to commit suicide while in judicial custody, the intelligence reports regarding public outrage and potential revolt against the petitioner, the deleterious impact the petitioner's release would have on the society…..,I am convinced that the petitioner is not entitled to be released on bail because there is a danger of justice being thwarted. “, the court stated.

Jolly Joseph is the prime accused in the infamous Koodathayi murders and has been accused of murdering six of her family members over a span of 17 years primarily using cyanide. She has been charged with killing members of her family with the ulterior motive to take control of the family property. The present bail applications were filed for allegedly murdering her husband Roy Thomas and her father-in-law Tom Thomas.

The Counsel for the Petitioner argued that she was innocent of the accusations levelled against her and that there were no materials to connect her with the crimes alleged against her. It was argued that the case was based on imagination and suspicion only. Also, it was stated that since the final report was filed no further detention was required. Further, it was argued that Jolly was entitled to bail since she was a woman as per the proviso to Section 437 (1) CrPC.

The Additional Director General of Prosecution Gracious Kuriakose vehemently opposed the bail application and stated that granting bail would have a deleterious impact on society and would be detrimental to the prosecution case since she would try to influence the witnesses. It was also argued that there was a public rage against the petitioner for committing serial murder.

The Court found that the prosecution has registered six crimes against the petitioner for allegedly killing various members of her family. It stated that if the allegations were proved true, then this was a case of familicide orchestrated by Jolly to wipe out her family members for obtaining the family property. It noted that even though Jolly was enlarged on bail in one of the crimes, the Supreme Court had stayed it.

Relying upon Apex Court decisions, the Court stated that bail applications have to be decided based on the nature, gravity and seriousness of the crime, the potential severity of the punishment that is likely to be imposed, the character, behaviour and standing of the accused, the prosecution's legitimate apprehension regarding the tampering of evidence, the flight risk that is involved and whether releasing the accused on bail would have a deleterious impact on the society.

Accordingly, the Court dismissed the bail applications filed by Jolly.

Earlier, the Court had refused to interfere with the revision petition filed by Jolly seeking her discharge in the trial proceedings. Earlier also, the Court had dismissed the bail petition filed by Jolly stating that bail could not be granted merely because she was a woman.

Counsel for the petitioner : Advocates B A Aloor, K.P.Prasanth , Vishnu Dileep , T.S.Krishnendu, Archana Suresh, Hijas T.T.

Counsel for respondents: Additional Director General of Prosecution Gracious Kuriakose, Senior Public Prosecutor C K Suresh

Citation: 2024 LiveLaw (Ker) 78

Case title: Jollyamma v State of Kerala

Case number: BAIL APP Nos. 3491/2022 & 4344/22

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