Koodathayi Murder: Kerala High Court Dismisses Accused Jolly Joseph's Plea To Inspect Alleged Crime Scene With New Lawyer

The Kerala High Court on Monday (August 11) refused to interfere with an order of the trial court denying permission to the prime accused in Koodathayi Murder case, Jollyamma Joseph alias Jolly Joseph, to inspect the place of occurrence of crime along with her new lawyer.

Jolly is accused of murdering six of her family members, including her first husband Roy Thomas, using cyanide, with the motive to take control of the family property. Her trial is under progress before the Additional District Court (Special Court for Trial for Maradu Cases), Kozhikode.

Justice V.G. Arun noted that the trial is at a fag end with 124 prosecution witnesses already examined and thus dismissed the petition challenging the impugned order of the trial court.

The counsel representing Jolly submitted that the lawyer earlier representing her recently passed away and that the present counsel wants to inspect the scene of occurrence along with Jolly. This, he contended, was necessary to properly defend her in the trial.

The prosecutor, on the other hand, submitted that all the documents, including the scene mahazar, were furnished to the petitioner and that the prosecution witnesses were cross-examined on the basis of these documents. It was also pointed out that the crime occurred before 2011 and there would have been many changes to the place of occurrence.

It was further submitted that the place of occurrence was the residence of the petitioner and therefore, she knows the place well. Thus, the prosecutor opposed the petition saying that it would disrupt the smooth conduct of the trial.

Jolly's counsel contended that the trial court had dismissed the application to inspect the crime scene noting security reasons and expenses involved. According to the counsel, this cannot be a ground to reject the application and goes against her right to fair trial.

However, the Court dismissed the petition and observed:

"Indisputably, the trial of the case has progressed much and 124 witnesses have been examined. As rightly pointed by the prosecutor, the scene of occurrence is the residential house of the petitioner herself and changes would have also occurred over the years. In such circumstances, the trial court was justified in rejecting the prayer of the counsel to visit the place of occurrence along with the accused. Such rejection, in my opinion, will not impede the right to fair trial guaranteed to the petitioner..."

A detailed order is awaited.

Case No: Crl.MC 7122/2025

Case Title: Jollyamma Joseph @ Jolly v. State of Kerala

Citation: 2025 LiveLaw (Ker) 493

Counsel for the petitioner: K.P. Prasanth, Arunraj S., Sunitha K.G. and Sreelakshmi K.