Sabarimala gold robbery an irreparable sin; case could be sabotaged if accused are released: High Court

KOCHI: The High Court has ruled that the gold looting in Sabarimala is an irreparable sin. The single bench order rejected the bail pleas of the three accused in the case. The court gave its verdict, citing a song from the film Adhwaytham. The court also said that anyone, regardless of caste or religion, will hum this song while examining the allegations against the accused.

"Even small objects offered at Sabarimala have an inestimable value. Depending on the interest of those who want to get their hands on them, their value can increase to a price that is beyond imagination. Therefore, bail cannot be granted as in a normal case," Justice A. Badharudeen said, rejecting the bail applications of former Devaswom Board president A. Padmakumar, former administrative officer B. Murari Babu and jewellery owner Govardhan.

The court clarified that Murari Babu will be eligible for bail if the prosecution fails to file a chargesheet within the stipulated time in any case, and he can approach for such bail. The court also observed that people from the Devaswom Board members to the Thantri were made accused in the case after the lapses in the investigation were pointed out.

Gold should be recovered

The lost gold should be recovered in full. It is a very serious crime that those who were supposed to protect the property of the deity looted it. Their role is clear in the case of the smuggling of Dwarakapalaka sculptures and the gold plate robbery case. The investigation is halfway through, as a large part of the gold is to be recovered. The court also clarified that granting bail to the accused will adversely affect the investigation.

Should be questioned together

Board members Vijayakumar and KP Shankaradas were recently arrested. Since they all need to be questioned together during further investigation, granting them bail will affect the case. Padmakumar is very influential as a former MLA. If he is released, it will hinder efforts to recover the gold and arrest more accused.

Govardhan, the first accused Unnikrishnan Potty and Pankaj Bhandari of Smart Creations are direct participants in the deal. Govardhan needs to remain in custody as the rest of the gold needs to be found. The court clarified that this is also confirmed by the police report.

Guardians turned robbers

It is common law to grant bail and it is unusual to deny it. The common law does not apply in this case, considering who the accused are, whose property was robbed, the seriousness of the crime, the manner in which it was committed, the impact it has on society, etc. The prosecution case is that there was an unprecedented robbery. Prima facie, it is clear that the guardians themselves have become robbers.

Accused should not escape

A total of 4147 grams of gold was stolen in both cases. Only 474.960 grams was recovered from Govardhan. It is necessary to find out how the gold was transferred. Steps should also be taken to recover it. The accused will escape if the gold cannot be recovered.

According to the investigation team's report, 1564.190 grams of gold was plated on the two Dwarapalaka idols and 4302.660 grams of gold was plated on the beadings and pillars.