Sooraj S. Kumar vs State Of Kerala

This bail application is filed by the accused in S.C. No.820 of 2002 on the files of the Addl. District & Sessions Judge-IV, Kollam. The above case is charge sheeted against the petitioner alleging offences punishable under Secs. 307, 326, 302 and 201 IPC.

The prosecution case is that the petitioner married Uthra, the sister of charge witness No.2, a differently abled lady on 25.3.2018 with the object of financial gain. After the child was born in the wedlock, the accused who was dissatisfied with the mental and physical disability of Uthra, conspired to kill Uthra. According to the prosecution, the accused obtained a snake from the 2nd accused and he committed murder of Uthra by causing venomous snake bite to her. According to the prosecution, his attempt succeeded on the third attempt.

Heard counsel for the petitioner and the learned Public Prosecutor.

Even though the counsel for the petitioner argued for bail, when the Court is not inclined for the same, the counsel limited his prayer. The counsel submitted that the trial in this case is almost over. The case will be posted for question under Sec.313 Cr.P.C. The petitioner want to discuss with his counsel before appearing for Sec.313 examination and for adducing defence evidence. The counsel submitted that as per order dated 6.11.2020, this Court granted permission to the petitioner to consult his lawyer for two days from 10 am to 5 pm and similar benefit may be given at this stage also.

The Public Prosecutor submitted that he has no objection. But the Public Prosecutor submitted that let the petitioner file an application to that effect before the trial court.

Admittedly, when BA No.7257/2020 was disposed, this Court observed like this:

"But, I cannot reject the contention of the petitioner regarding the prayer for consultation with his lawyer. Fair trial is the right of an accused. Every accused has got a right to get legal assistance before trial. The offences alleged against the petitioner includes the offence under Section 302 of the I.P.C. The capital punishment also can be imposed if the petitioner is convicted under Section 302 of the I.P.C. In such circumstances, when the petitioner submit before this Court that he want to consult his lawyer to discuss his case, this Court cannot deny the same. Therefore, there can be a direction to the jail authorities to produce the petitioner before the office of the lawyer for a period of three days continuously from 10.00am to 5.00pm starting from 13.11.2020 to 15.11.2020. The petitioner can file a petition before the trial court for this purpose. The trial court will pass appropriate orders as directed above. The premises from where the petitioner want to meet his lawyer should be specifically mentioned in the petition to be filed before the trial court. If such a petition is received by the trial court, the trial court will allow the same as directed above."

Now, the petitioner want to consult his counsel before appearing for Sec.313 Cr.P.C. examination and before adducing defence evidence. I think a similar opportunity can be given to the petitioner in the facts and circumstances of this case. The petitioner can file a petition before the trial court for this purpose. The trial court will pass appropriate orders as directed above, if such an application is filed. The premises from where the petitioner wants to meet his lawyer should be specifically mentioned in the petition to be filed before the trial court. If such a petition is received by the trial court, the trial court will allow the same as directed above.

With this direction, this bail application is dismissed.