Koodathayi murders: Kerala High Court dismisses bail plea by accused Jolly Joseph

The Kerala High Court on Tuesday dismissed the bail pleas filed by Jollyamma Joseph, the prime accused in the infamous Koodathayi murders [Jollyamma Joseph v State of Kerala]..Justice CS Dias said that there are intelligence reports regarding public outrage and potential revolt against Joseph for committing familicide and her release would have a deleterious impact on society.“The crimes are pre-mediated, gruesome, cold-blooded and without any contrition,” the High Court said..The petitioner is the prime accused in two separate crimes, one involving the murder of her former father-in-law and the other relating to the murder of her first husband.The Koodathayi cyanide murders refer to the mysterious deaths of six persons in Kerala's Koodathayi village. All the victims were close relatives of Joseph.Three of the persons alleged to have been murdered by Joseph through cyanide poisoning were her then husband Roy Thomas and his parents.As per the prosecution, Joseph along with two other accused committed these crimes as part of a pre-mediated conspiracy. The petitioner is accused of using Sodium Cyanide to poison the victims with the motive of acquiring family property.The investigating officer opposed the bail applications, stating that the petitioner is also accused in four other similar cases, the investigation in all cases is complete, and the trial is in progress. The officer argued that releasing the petitioner on bail could lead to influence and intimidation of witnesses, potentially affecting the prosecution cases. The public has strong resentment against the petitioner and there are intelligence reports suggesting a life threat against her, he added.The petitioner's counsel argued that she is innocent and there is no material connecting her to the alleged crimes.He contended that the cases are based on the imagination of the investigating officer and that the petitioner is willing to abide by any stringent conditions if granted bail..After considering the arguments and the legal principles regarding bail, the High Court concluded that the petitioner is not entitled to be released on bail due to the seriousness of the crimes, the potential impact on justice, the petitioner's criminal antecedents and the ongoing trial..The High Court dismissed the bail applications, emphasizing that the observations made in the order are to consider the applications and should not influence the Court of Session's decision on the merits of the cases..On March 20, 2023, the High Court had dismissed a petition moved by Joseph seeking a direction to the trial court to conduct the trial in open court instead of holding it in camera..The petitioner was represented by advocates Biju Antony Aloor, K P Prasanth, T S Krishnendu, Archana Suresh, Vishnu Dileep and Hijas TS.The respondent-authorities were represented by Gracious Kuriackose (ADGP) and CK Suresh (Senior Public Prosecutor).[Read Order]