Family seeks replacement of prosecutor, Kerela High Court stays trial court proceedings; tribal lynching case

The Kerala High Court in the case Malli v. State of Kerala observed and put a stay until further orders the trial in the murder of 27-year-old tribal youth Madhu, who was beaten to death in February 2018 allegedly for stealing rice from a grocery shop by a mob at Kadukumanna hamlet in Attappadi.

The bench comprising of Justice Mary Joseph observed and put a hold on the matter and sought the response of the State on the matter to be informed within 10 days.

The stay is put on the petition filled by Madhu’s mother through Advocate Jeevesh PV seeking to keep in abeyance all the proceedings in the case till the State takes a decision on her plea to replace Special Public Prosecutor C Rajendran in the present case.

at the Mannarkkad Special Court for Scheduled Castes and Scheduled Tribes, the trail has been going on. The petition was filed before the court for the replacement of prosecutor after two prosecution witness turned hostile during the trial as it has serious consequence on the outcome of the case.

It was observed that the family of the deceased had initially approached the Special Court with their request but this was declined. However, the petitioner had moved the High Court seeking for the removal and replacement of the current Special Public Prosecutor with Additional Special Prosecutor Rajesh M. Menon.

It was alleged by the petitioner that the present Special Public Prosecutor was conducting the trial in an inefficient manner and violating the basic rules pertaining to the witness examination. Further, it was submitted by the petitioner that the investigation officer in the case had given a report to the district police chief regarding the lapses and foul play in conducting the trial, while indicating dissatisfaction with the ongoing trial.

There are 122 witnesses in the case and all the 16 accused in the case are currently out on the bail and before the court, police have submitted a 3,000-page charge sheet.

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