Kerala High Court: In a batch of bail applications where the petitioners, including former Administrative Officers, Executive Officers and the Thiruvabharanam Commissioner of the Travancore Devaswom Board, are accused of large-scale misappropriation of gold from the Sabarimala Temple, a Single-Judge bench of A. Badharudeen, J., refused to grant bail
In the instant matter, the prosecution case is that the accused, including senior officials of the Travancore Devaswom Board, hatched a conspiracy to obtain wrongful gain and cause wrongful loss to the Devaswom. Though the Dwarapalaka sculptures and door frames were originally gold-cladded, official records, recommendations, and mahazars falsely described them as mere copper plates. Acting on such misrepresentation, the sacred artefacts were handed over to the first accused under the pretext of gold cladding.
It was alleged that gold weighing about 42,800 grams was originally part of the Dwarapalaka sculptures, but upon reinstallation only a fraction was found to have been replated, resulting in misappropriation of several kilograms of gold. Similar allegations were raised in respect of door frames and connected items, including the Shiva idol, arch, Vyali roopam, Raashi plates and Dasharadha plates, which were also stated to have been entrusted as copper articles though they were gold-cladded.
The applicants sought regular bail and contended that their custody was no longer required, that they had no role in the alleged conspiracy, and that their age and medical conditions warranted release.
The Court noted that the prosecution materials prima facie disclosed a conspiracy of “widest magnitude”. The Court observed that the sacred artefacts were consistently and falsely recorded as copper items, though they were originally gold-cladded, thereby enabling the accused to “swindle away the gold cladded over the same to sell and make money out of the same”.
The Court emphasised that officials entrusted with the protection of Thiruvabharanam had a heightened duty of care. The Court viewed the failure to supervise, absence during dismantling, non-deputation of goldsmiths, preparation of inaccurate mahazars, and handing over valuables contrary to the Devaswom Manual as serious acts facilitating misappropriation.
The Court further observed that the investigation was still in progress, recovery of misappropriated gold was incomplete, and the possibility of influencing witnesses or tampering with evidence could not be ruled out if bail were granted. The Court remarked that the alleged acts had “deeply hurt the religious sentiments of scores of Ayyappa devotees and pilgrims”.
The Court dismissed all the bail applications and held that a strong prima facie case was made out and that the gravity of the offences, the scale of the alleged misappropriation, and the ongoing investigation militated against release.
[K.S. Baiju v. State of Kerala, BAIL APPL. NO. 14361 OF 2025, Decided on 19-12-2025]
*Judgment by Justice A. Badharudeen
Advocates who appeared in this case:
Sri. P. Mohandas (Ernakulam), Sri. Sabu Pullan, Shri. R. Bhaskara Krishnan, Shri. Bharath Mohan, Dr. K.P. Satheesan (Sr.) and Sri. K. Sudhinkumar, Counsel for the Petitioner
Sri Gracious Kuriakose, Addl. Director General of Prosecution and Sri C.K Suresh, Senior Public Prosecutor, Counsel for the Respondent