New Delhi: The Kerala High Court has rejected the bail application of Jollyamma Joseph, the accused in the Koodathayi serial murders, on the ground that bail cannot be granted just because she is a woman.
The petition was filed to seek bail in the case over the death of Alfine, the one and-a-half year-old daughter of the accused’s second husband Shaju Sakhariyas.
The single bench of Justice P.V. Kunhikrishnan held the allegations against the accused are very serious and cannot be granted bail simply on the basis that she is a woman or that other accused have been granted bail in similar circumstances.
Advocate Suman Chakravarthy, public prosecutor, had argued that she is involved in six murders and the modus operandi in all the murders was the same. The prosecution has submitted before the Court that Alfine was given food mixed with cyanide by the accused on the day of first communion of Alfine’s elder brother Aibel.
The court, in its judgment, observed: “…we regret that we are unable to agree with the view of the learned single judge in Shakuntala’s case MANU/UP/0291/1985 that the first proviso to sub-section (1) is mandatory. We accordingly overrule the view that all women, children, up to sixteen, sick or infirm who appear or are brought before a Magistrate on being arrested concerning cases covered by Clauses (i) and (ii) of Sub-section(1) of Section 437 New Code must have to be released on bail by the Magistrate…”
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The judgment continues: “…I respectfully agree with the above dictum laid down by the Allahabad High Court. Consequently, the contention of the petitioner that she is entitled (to) bail as per the first proviso to Section 437(1) Cr.P.C. is not sustainable. It is the discretion of the court to decide whether a woman is to be released on bail in the facts and circumstances of each case. Simply because the petitioner is a woman, she is not entitled bail.”
Read the judgment here;
pdf-upload-380062– India Legal Bureau