The Kerala High Court recently refused to entertain a petition filed by Jolly Joseph, the prime accused in the Koodathayi cyanide murders case, to restrain the broadcast of a Malayalam web-show 'Anali' [Jollyamma Joseph @ Jolly v JioHotstar Pvt Ltd& ors].
Jolly had contended that the web show is likely to malign her reputation, since it is allegedly based on the Koodathayi serial murders case. The case concerns the mysterious deaths of six persons in Kerala's Koodathayi village, where all the victims were Jolly's close relatives. Jolly is the main accused in the case, and is yet to face trial.
She raised concerns that the show's release could create adverse public opinions against her and lead to her being unfairly convicted.
The Court, however, observed that Jolly had an alternate remedy that she was yet to exhaust.
Justice Bechu Kurian Thomas noted that Jolly had earlier sent a representation to restrain the show's release to the Union Ministry of Information and Broadcasting.
The representation was eventually also forwarded to JioHotstar, on which the show is slated to be streamed.
Jolly moved her plea before the High Court while her representation was still pending. It later came to be rejected.
However, the Court observed that once the representation had been rejected, Jolly still had an appellate remedy under Rule 12 of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. It, therefore, declined to entertain her plea.
"Since an alternative remedy exists, it is not appropriate to entertain this writ petition, especially on account of the nature of contentions urged. However, petitioner can be given liberty to pursue the remedy available under Rule 12 of Rules," the Court held.
Jolly Joseph who is currently in judicial custody in connection with the Koodathayi cyanide murders.
In her plea, she had pointed out that the criminal trials against her in multiple cases relating to these murders are at different stages, with one case nearing completion of prosecution evidence and others pending framing of charges.
The web-show Anali is reported to have been inspired by the Koodathayi case. Directed by filmmaker Midhun Manuel Thomas, and starring ikhila Vimal and Leona Lishoy in the lead roles, the show is scheduled for an OTT release on JioHotstar in the first half of 2026.
Jolly Joseph, however, has raised concerns that the show's portrayal of the Koodathayi case could lead to a trial by media, prejudice public opinion and adversely affect her right to a fair trial.
The Court has, however, suggested that Jolly first avail the remedies available to her under Rule 12 of IT Rules. This rule provides for the creation of self-regulatory bodies comprising retired judges and eminent persons, who are tasked with ensuring that content on media portals, OTT platforms, etc. adhere to a Code of Ethics.
Jolly Joseph was represented by advocate KP Prashanth.
Senior counsel Santhosh Mathew along with advocate Kurian Antony Mathew appeared for JioHotstar.
Advocate Saiby Jose Kidangoor appeared for filmmaker Midhun Manuel Thomas.
[Read Judgment]