Kerala High Court Denies Bail to Accused in Sabarimala Gold Misappropriation Case

Gravity of allegations and ongoing investigation cited as reasons for denial; case involves serious corruption impacting public trust and religious sentiments.

In a significant ruling, the Kerala High Court has denied bail to several accused involved in the alleged misappropriation of gold cladded items from the revered Sabarimala temple. The case, which has captured public attention due to its religious and cultural significance, involves serious allegations of corruption that have deeply impacted public trust and sacred sentiments associated with the temple.

Justice A. Badharudeen presided over the bail applications, meticulously analyzing the statements and records presented by both the prosecution and defense. The accused, including B.Murari Babu, K.S.Baiju, and N.Vasu, were charged with various offenses under the Bharatiya Nagarik Suraksha Sanhita, 2023, and the Indian Penal Code, related to criminal conspiracy and misappropriation of temple assets.

The prosecution has alleged that the accused, in a premeditated conspiracy, misrepresented the original gold cladding of sacred temple items as copper plates, thereby facilitating their removal and subsequent misappropriation. The investigation revealed that a substantial amount of gold was fraudulently extracted from these items, causing significant loss to the Travancore Devaswom Board, which manages the temple, and tarnishing the sanctity of the Sabarimala shrine.

The High Court emphasized the gravity of the allegations, noting that the accused, entrusted with safeguarding the temple’s sacred assets, instead participated in their unlawful removal and manipulation. Justice Badharudeen highlighted that the seriousness of the corruption involved necessitates a zero-tolerance approach, especially when it affects public trust and religious sentiments.

The Court also underscored the importance of effective investigation, cautioning against any loopholes that might allow the accused to evade justice. The decision to deny bail was further reinforced by concerns that releasing the accused could impede ongoing investigations and potentially influence witnesses or tamper with evidence.

Furthermore, the Court addressed the procedural aspects under the Bharatiya Nagarik Suraksha Sanhita, 2023, noting that the statutory provisions allow for continued custody of the accused to ensure comprehensive investigation and accountability.

This ruling serves as a reminder of the judicial system’s commitment to upholding public trust and integrity, particularly in cases involving sacred religious sites and the broader implications of corruption. The Kerala High Court’s decision reflects the judiciary’s role in maintaining justice while safeguarding cultural and spiritual heritage.

Bottom Line:

Bail application in cases involving alleged misappropriation of gold cladded items from Sabarimala temple - Seriousness of allegations, ongoing investigation, and prima facie involvement of accused disentitle them to bail at this stage.

Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 Section 483, Indian Penal Code Sections 120B, 403, 406, 409, 466, 467, Prevention of Corruption Act Section 13(1)(a)

K.S. Baiju v. State of Kerala, (Kerala) : Law Finder Doc Id # 2824231