‘Detrimental to interest of holy Deity, lakhs of devotees’: Kerala High Court denies bail in Sabarimala gold theft case
Kerala High Court Sabarimala gold case: The court said that the development of the country, the social equilibrium, and the economic fabric are affected if the corrupt persons in serious cases, including the big guns, escape from the process of law and prosecution.
Kerala HC denies bail in Sabarimala case: The Kerala High Court has denied bail to the three accused of the Sabarimala gold theft case, observing that the release of the accused would be detrimental to the interest of the holy Deity as well as the lakhs of devotees.
Justice A Badharudeen, while dismissing the batch of pleas, said, “At this stage, the release of the petitioners on regular bail would definitely impede the investigation and also the same would be detrimental to the interest of the holy Deity as well as the lakhs of devotees.”
The court, hearing the three petitions filed by the accused, former Travancore Devaswom Board officials, who allegedly conspired to misappropriate gold belonging to the Sabarimala temple observed, “Although bail is the rule and jail is an exception; serious cases of this nature would fall under the category of exception and in such cases, the rule may vanish to replace exception.”
The court, while examining the matter, described this case as a typical example where ‘protectors’ become ‘destroyers’ or a ‘guardian’ turned ‘executioner’, or the ‘hand that heals’ now ‘harms’.
Avoid escape of culprits
The court cautioned against “equal moiety, flaws, laziness and willful lapses” in the investigation of serious corruption cases to secure “defect-free investigation and eventful prosecution”.
“Indubitably, when the investigation in serious cases, including corruption, is not fully defect-free, without any loopholes hole the corrupt persons, including the big guns involved therein, would escape from the process of law and prosecution, and the same would affect the development of the country, the social equilibrium and the economic fabric,” the order read.
The court also instructed the prosecutor and the investigator to be “vigilant” in “serious cases of corruption” to avoid the escape of culprits, safeguard the society, and protect the interest of construction farmers.
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Grounds of bail
For serious cases of corruption, the court highlighted that age-old ailments such as diabetes, hypertension, etc. and medication should not be the grounds for granting bail, since such infirmities can be addressed by the jail authorities or the investigating agency by giving proper medical care.
Arguments
One of the accused, B Murari Babu’s counsel, advocate S Rajeev, argued that his custody for the purpose of investigation is practically over.
He also pointed out his client’s age and said that being aged 75 years old, Babu has been suffering from diabetes, high blood pressure, and associated ailments and deserves bail.
On the contrary, the state’s representative, additional director general of prosecution Gracious Kuriakose, argued that the release of the accused on bail in these serious cases would affect the investigation, as the petitioners are capable of influencing witnesses and destroying the relevant materials to be collected in continuation of the investigation.
Richa Sahay is a Legal Correspondent for The Indian Express, where she focuses on simplifying the complexities of the Indian judicial system. A law postgraduate, she leverages her advanced legal education to bridge the gap between technical court rulings and public understanding, ensuring that readers stay informed about the rapidly evolving legal landscape.
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