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Citation Codes
Equivalent Citations
citation codes
Case Number
Disposition
Attorney(S)
Judges
Acts
  • Section 439 of the Cr.P.C.,
  • Sections 110, 120B, 307 and 302 read with Section 34 of the I.P.C. and under Section 2 read with Section 6(2) of Poisons Act 1919.
  • Section 167(2) of Cr.P.C.
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Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Case Number
Disposition
Attorney(S)
Judges
Acts
  • Section 439 of the Cr.P.C.,
  • Sections 110, 120B, 307 and 302 read with Section 34 of the I.P.C. and under Section 2 read with Section 6(2) of Poisons Act 1919.
  • Section 167(2) of Cr.P.C.
Smart Summary

Factual and Procedural Background

The petitioner, accused in Crime No. 980/2019 at Tamarassery Police Station, faces charges under Sections 110, 120B, 307, and 302 read with Section 34 of the Indian Penal Code, and Sections 2 and 6(2) of the Poisons Act, 1919. The case involves the alleged murder of Ponnamattom Sili, wife of the petitioner’s current husband, Shaju Zacharias. The petitioner is implicated in a series of six murders, including close family members, allegedly by administering cyanide. The prosecution's narrative outlines a motive centered on financial gain and personal relationships, with the petitioner eliminating family members to secure property and facilitate remarriage.

After the petitioner’s statutory bail application under Section 167(2) of the Cr.P.C. was dismissed by the Judicial First Class Magistrate Court, and a subsequent bail application under Section 439 of the Cr.P.C. was dismissed by the Sessions Court, the petitioner filed the present application for regular bail.

Legal Issues Presented

  1. Whether the petitioner is entitled to regular bail under Section 439 of the Cr.P.C. despite the serious nature of the accusations and evidence against her.
  2. Whether the prima facie case against the petitioner is sufficient to deny bail considering the nature of the offences and the risk of witness tampering or further offences.

Arguments of the Parties

Petitioner's Arguments

  • No evidence exists that directly implicates the petitioner to proceed with trial.
  • The chemical examination report does not indicate involvement of the petitioner.
  • The petitioner is therefore entitled to be released on bail.

The opinion does not contain a detailed account of the prosecution's arguments beyond the summary of the prosecution case.

Table of Precedents Cited

Precedent Rule or Principle Cited For Application by the Court
Niranjan Singh v. Prabhakar Rajaram Kharote, 1980 KHC 664 : (1980) 2 SCC 559 Clarification that bail orders require satisfaction of a prima facie case but not exhaustive merit examination; bail decisions should avoid detailed analysis of evidence or prosecution weaknesses. The court applied this principle to emphasize that bail decisions require prima facie satisfaction of charges without delving into detailed merits.
Prahlad Singh Bhati v. NCT Delhi, (2001) 4 SCC 280 Factors to consider in bail: nature and severity of accusations, evidence strength, risk of witness tampering, and genuineness of prosecution. The court considered these factors and found the gravity of the accusations and risk of influence on witnesses justified bail denial.
Chaman Lal v. State of U.P., (2004) 7 SCC 525 Reiterated factors for bail consideration including nature of accusation, severity of punishment, evidence character, and risk to witnesses. The court applied these factors to the facts, supporting the Sessions Judge’s decision to deny bail.

Court's Reasoning and Analysis

The court analyzed the petitioner's involvement in multiple murders involving close relatives, highlighting the serious and grave nature of the accusations. It noted the petitioner’s alleged motive to secure financial benefits and personal relationships by eliminating family members through cyanide poisoning. The court acknowledged the petitioner’s attempt at suicide in custody, indicating potential risks if released. Applying established legal principles from cited precedents, the court emphasized the need to consider the severity of charges, risk of witness tampering, and prima facie satisfaction of the charge. Given these factors and the prosecution’s narrative, the court found no reason to disturb the Sessions Judge’s order denying bail. The petitioner’s lack of direct evidence was outweighed by the overall gravity and potential risks associated with release.

Holding and Implications

The bail application is dismissed.

The direct effect of this decision is the continued judicial custody of the petitioner pending trial. The court did not set any new precedent but reaffirmed established principles regarding bail in serious criminal cases involving multiple murders and potential risks of tampering or further offences.

    Jollyamma Joseph v. State Of Kerala

    Ashok Menon, J.:— Application for regular bail under Section 439 of the Cr.P.C.

    2. The petitioner is the 1 accused in Crime No. 980/2019 of Tamarassery Police Station for having allegedly committed offences punishable under Sections 110, 120B, 307 and 302 read with Section 34 of the I.P.C. and under Section 2 read with Section 6(2) of Poisons Act 1919.

    3. The present crime pertains to the murder of a lady named Ponnamattom Sili, the first wife of the petitioner's present husband, Shaju Zacharias. Prior to that, the petitioner was allegedly involved in five other murders. The petitioner had allegedly administered cyanide to all the victims. Her first victim was, Annamma Thomas, the mother of her late husband Roy Thomas. The second victim was Tom Thomas, her father-in-law. Then she eliminated her own husband Roy Thomas, and then, it was the turn of Machadiyil Mathew, her 1 husband's maternal uncle and the brother of Annamma Thomas. Thereafter, she did away with the deceased Sili and her only child Alphine.

    4. The reason for the serial killings, according to the prosecution was thus:

    The petitioner had resided with her late husband Roy Thomas and his parents for about 14 years. All these years, she had made them believe that she was employed as a Professor in NIT, Kozhikkode. Late Annamma was a shrewd lady. Fearing that she may discover the truth about the petitioner's unemployment, she was the first to be administered cyanide in her food. After her death, the petitioner got a Will concocted in the name of her deceased father-in-law. Having got his property bequeathed in the name of her late husband Roy Thomas, she wanted the Will to come into force and hence liquidated him by administering cyanide. Next was the turn of her husband Roy Thomas. The petitioner had allegedly developed an intimacy with the 2 accused M.S. Mathew @ Shaji. Roy Thomas hit the bottle and became a drunkard. Taking advantage of his inebriation, he too was done away with in the same manner as his parents. Machadiyil Mathew grew suspicious about the death of his nephew and his parents and was inquisitive enough to be instrumental for an investigation by the Police. Fearing that he would be a stumbling block in her pursuit for happiness and financial security, he too was administered cyanide and murdered. By that time, the petitioner had developed an intimacy with her present husband Shaju. But he was a married man with a kid and she could not have got him as her husband without first removing those hurdles. Hence, very cunningly she got intimate to his wife late Sili and under the guise of helping her, went along with her for an appointment with a dentist and laced her medicines with cyanide, resulting in her death. Thereafter, her child Alphine too was eliminated in a similar manner. Playing the role of a sympathiser, she got intimate to Shaju and married him. Persistent follow-up by the siblings of Roy Thomas induced the Police to shed their indolence and proceed with the investigation seriously in Crime No. 189/2011 of Kodencherry Police Station. Her involvement in all other crimes came to the fore and she was formally arrested in this case on 21.10.2019 after being produced before Judicial First class Magistrate-II, Tamarassery in pursuance of a production warrant. She was remanded formally to judicial custody in this case.

    5. The petitioner applied for statutory bail under Section 167(2) of Cr.P.C. before the Judicial First Class Magistrate Court and the said application was dismissed for the reason that the investigating officer had filed the final report prior to the expiry of the statutory period of 90 days and hence, she was found not entitled to mandatory bail. The order is at Annexure-A. Thereafter, the petitioner approached the Sessions Court, Kozhikkode by filing Crl.M.C. No. 226/2020 under Section 439 of the Cr.P.C., which was taken up for consideration together with the Crl.M.C. No. 304/2020 pertaining to Crime No. 335/2019 of Kodancherry Police station pertaining to the murder of Alpine, the son of Sili. The learned Sessions Judge, vide Annexure-B dismissed both the applications by a common order dated 18.03.2020.

    6. The petitioner contends that there is no evidence against her so as to proceed with the trial. It is stated that the chemical examination report does not indicate anything to suggest the involvement of the petitioner. Hence, the learned Counsel appearing for the petitioner, Shri B.A. Aloor, strenuously argues that the petitioner is entitled to be released on bail.

    7. The prosecution case is that the petitioner had obtained cyanide from co-accused 2 and 3 and had administered the poison to eliminate the deceased lady and her son. She wanted them to be eliminated so that she could pursue her new marital life with Shaju. He was a school teacher, well settled and financially sound. The petitioner had already eliminated her previous husband in order to make way to embark upon a new life. She found Shaju to be an ideal partner for her and she could not have got him without doing away with his wife and son. That was the motive attributed to the petitioner for committing the crime in the instant case.

    8. V.R. Krishna Iyer J. has in Niranjan Singh v. Prabhakar Rajaram Kharote, 1980 KHC 664 : (1980) 2 SCC 559, held that detailed examination of the evidence and elaborate documentation of the merits should be avoided while passing orders on bail applications. To be satisfied about a prima facie case is needed, but it is not the same as an exhaustive exploration of the merits in the order itself. Discussion at prolix length, the probabilities of the prosecution's exculpatory case or its weaknesses is unwarranted. In Prahlad Singh Bhati v. NCT Delhi, (2001) 4 SCC 280, the Hon'ble Supreme Court opined thus:—

    “(a) While granting bail the court has to keep in mind not only the nature of the accusations, but the severity of the punishment, if the accusation entails a conviction and the nature of evidence in support of the accusations.

    (b) Reasonable apprehensions of the witnesses being tampered with or the apprehension of there being a threat for the complainant should also weigh with the court in the matter of grant of bail.

    (c) While it is not expected to have the entire evidence establishing the guilt of the accused beyond reasonable doubt but there ought always to be a prima facie satisfaction of the court in support of the charge.

    (d) Frivolity in prosecution should always be considered and it is only the element of genuineness that shall have to be considered in the matter of grant of bail, and in the event of there being some doubt as to the genuineness of the prosecution, in the normal course of events, the accused is entitled to an order of bail.”

    9. In Chaman Lal v. State of U.P., (2004) 7 SCC 525, the Appex Court has laid down certain factors, namely, the nature of accusation, severity of punishment in case of conviction and the character of supporting evidence, reasonable apprehension of tampering with the witness or apprehension of threat to the complainant, and prima facie satisfaction of the Court in support of the charge to be kept in mind while considering application for bail.

    10. Applying the above principles to the case in hand, I find that the petitioner is a lady, who is involved in six cases in which she has allegedly murdered her close relatives, including her former husband. It is also brought in by the learned Public Prosecutor that the petitioner had attempted to commit suicide inside the jail by slashing her wrists. Timely intervention saved her life. In case she is released on bail, there is every possibility of her influencing or intimidating witnesses, repeating similar offences also cannot be ruled out, and may even go to the extent of causing harm to herself. The nature of the accusation definitely will have to be borne in mind and the facts in this case point out to a very grave crime allegedly committed by the petitioner. The learned Sessions Judge was therefore, justified and declining bail to the petitioner. I have no reason to find otherwise.

    11. The bail application is therefore, dismissed.

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    Comments

    Jollyamma Joseph v. State Of Kerala
    (Jun 30, 2020)