Sabarimala gold theft case: Kerala High Court denies bail to three former Devaswom Board officials

The Kerala High Court on Friday denied bail to former Travancore Devaswom Board (TDB) administrative officer B Murari Babu, former Devaswom Commissioner, N Vasu, and Thiruvabharanam Commissioner, KS Baiju, who are accused in the alleged Sabarimala temple gold theft case [B Murari Babu v State of Kerala]..Justice A Badharudeen dismissed the bail pleas after opining that granting the three accused bail could impede the investigation and be detrimental not only to the deity at Sabarimala but also lakhs of devotees.The Court commented that this was a case where the protectors or guardians of the temple is alleged to have become its destroyers. This seriousness of the case was factored in by the Court while deciding on the bail pleas.“When cases are of serious nature, namely, large scale manipulation and misappropriation of the Thiruvabharanam of a holy Deity by falsifying records, such cases are unprecedented and are to be encapsulated in a totally different species of which no genus. In such cases, grant of bail should be dealt in segregation from the general postulate … 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 added. .The Court also underscored the importance of ensuring that a proper and thorough probe is conducted in cases of this nature, which involve allegations of corruption. In the course of its detailed order, the Court also expressed concerns that the investigating authority was yet to arrest all Devaswom Board members alleged to have played a role in enabling the gold misappropriation."Although the Investigating Officer arrested Padmakumar (aside from the three who filed the present bail pleas), others remain not arrested and no effective investigation against them to be noticed from the records available. This shows serious laxity in the investigation of this crime and casts shadow of doubt in the investigation. The Investigating Officer shall address the same," the Court said. .The Court also rejected medical grounds raised by the accused while seeking a lenient view for bail."In such cases, age old ailments such as diabetes, hypertension, etc. and medication thereof are also not grounds for granting bail, since such infirmities can be adequately addressed by the jail authorities or the Investigating Agency by giving proper medical care to the accused persons," the Court said..All three accused face charges under several provisions of the Indian Penal Code, 1860, including Sections 120B (criminal conspiracy), 403 (dishonest misappropriation of property), 406 and 409 (criminal breach of trust), 466 and 467 (forgery) and also under Section 13(1)(a) (criminal misconduct by a public servant) of the Prevention of Corruption Act, 1988..The Sabarimala gold theft case is tied to allegations that officers of the TDB played a role in facilitating the theft of gold from the Dwarapalaka idols and door frames of the Sreekovil of the temple.The misappropriation of gold was detected after certain repair works were carried out on the gold-plated copper coverings of the Dwarapalaka idols and the gold-covered copper plates fixed on the door frames of the Sreekovil (sanctum sanctorum).The restoration of these temple fixtures was sponsored by the prime accused in the case, Unnikrishnan Potti, who had obtained permission from the TDB.An investigation was triggered after discrepancies were noticed during measurements of the temple fixtures was undertaken after the repair works were completed.According to the prosecution, nearly 4 kilograms of temple gold were found missing after the repair works and a part of the gold stolen was later recovered from the residence of Potti's sister.The investigation is being conducted by a Special Investigation Team (SIT) constituted on the directions of the High Court. The Division Bench of the Court has also been monitoring the case closely..The Bench had earlier observed that certain TDB officials may have been complicit in enabling Potti to misappropriate the gold from the temple in the guise of repair works.At present the SIT has registered two separate cases relating to the disappearance of this gold.Among the list of accused, B Murari Babu, who served as the Administrative Officer at the TDB and held the post of Deputy Devaswom Commissioner, is named as the second accused in the crime. He was suspended from his post as the board's deputy commissioner after the SIT alleged his involvement in the gold theft case.He was arrested on October 22, 2025, and has been in judicial custody since. His earlier bail plea was rejected by a vigilance court in Kollam..N Vasu, the former Devaswom Commissioner and former President of the Travancore Devaswom Board, has been named as the third accused and is alleged to have conspired with other accused persons in facilitating the pilferage of gold by recommending repair works.He was arrested on November 11, 2025.KS Baiju, who was the former Thiruvabharanam Commissioner, has been named as the seventh accused in one case and the fourth in another case relating to the gold theft.Baiju has been accused of not being present while gold-plated copper plates were being removed from the idols and other temple structures were being handed over to Potti.The SIT has so far arrested two former TDB presidents and four former board employees. Unnikrishnan Potti is also presently under arrest. In the course of the bail order today, the Court also noted that there were concerns about how Potti was allowed to be so deeply invoked in activities concerning artefacts at Sabarimala temple, when he did not occupy any official post associated with the temple."Despite the same, no investigation in that direction to be discernible from the records available, in fact, this is a matter of anxiety and displeasure. I hope that the Investigating Officer shall give his attention in this regard hereafter, without fail," Justice Badharudeen said. .Senior counsel KP Satheeshan along with P Mohandas, Sabu Pullan, R Bhaskara Krishnan, Bharath Mohan and K Sudhinkumar appeared for KS Baiju.N Vasu and B Murari Babu was represented by advocates S Rajeev, V Vinay, MS Aneer, Sarath KP, Anilkumar CR, KS Kiran Krishnan, Dipa V, Akash Cherian Thomas, Azad Sunil, Maheshwar Padical TP Aravind and Akshara S.Additional Director General of Prosecution Gracious Kuriakose and Senior Public Prosecutor CK Suresh appeared for the State..[Read Order].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.