The Kerala High Court on Monday dismissed a petition filed by Jollyamma Joseph, the main accused in the Koodathayi cyanide killings, asking the trial court to conduct the trial in open court rather than in camera.
A single Judge bench Justice Bechu Kurian Thomas refused to intervene with the decision of the Sessions Court, Kozhikode, to conduct the trial proceedings in-camera.
In her current plea, Jolly appealed the trial court’s order directing in-camera proceedings allegedly without any side submitting a petition and without hearing any of the parties.
Appearing for the petitioner, Advocate BA Aloor contended that the decision should be repealed since Section 37 of the Code of Criminal Procedure (CrPC) allows for open court proceedings only when the prosecution and all accused people do not object.
Furthermore, members of the legal community, particularly law students, are anxious to witness the case procedures, and it was stated that by conducting in-trial proceedings, they are being denied that chance.
The plea stated that there is no need for the security and privacy of the persons engaged in the cases where the trial processes are not linked to rape, terrorist activity, or other similar offences.
The High Court, however, dismissed the petition, thereby allowing the in-camera trial to continue.
What is the Koodathayi Cyanide Murders?
It was the year 1997 when Jolly and her husband Roy Thomas married and since then were living with Roy’s parents at Koodathai.
Jolly was allegedly involved in an extramarital relationship with another man, whom she persuaded to obtain cyanide for her. She is accused of putting cyanide in the food Roy was eating with the intention of killing him.
On September 30, 2011, Roy felt sick after eating the food made by Jolly and later declared dead at the hospital.
Jolly informed the family members that Roy had passed away from a heart attack at that time.
The FIR (first information report) was forwarded to the Sessions Court, and the inquiry was halted ostensibly because there was no suspicion of murder.
The investigation was reopened because of the suspicions of some other family members.
After gathering some evidence from watching Jolly’s daily actions, the investigative agency made the decision to exhume the graves of the deceased, including Roy.
On October 5, 2019, the investigative agency detained Jolly and the other two accused persons.
