Sabarimala Gold Theft: Kerala High Court Denies Pre-Arrest Bail To Former Devaswom Board Officials

The Kerala High Court on Thursday (December 4) denied pre-arrest bail to S. Sreekumar, the former Administrative Officer of the Travancore Devaswom Board, who is arraigned as the 6th accused in the high-profile Sabarimala gold theft case.

The Court also rejected the anticipatory bail plea of TDB's former Secretary, S. Jayasree, who stands arrayed as the 4th accused.

Justice A. Badharudeen passed the order today, dismissing the bail pleas.

It was observed in the judgment:

"On perusal of the prosecution records, the allegations are very serious and mind blowing since such a misappropriation happened in a sacred place, viz., Sabarimala Sannidhanam and this Court is shocked of the events...A perusal of prosecution records, with a view to find out the complicity of accused Nos.4 and 6, it could be seen that there has been deliberate intention and largely moulded conspiracy hatched by the accused persons and certain other persons holding higher positions having connection with the administration of Sabarimala, prima facie. Otherwise, it is not at all possible to take the items outside the Sannidhanam, a holy place, as against the Devaswom Board Manual and also for gold cladding of the Dwarapalaka plates which would not require any gold cladding as its origin itself is gold."

Sreekumar and Jayasree, along with 8 others, are accused of the offences under Section 120B [Conspiracy], 403 [Dishonest misappropriation of property], 406 [Criminal breach of trust], 409 [Criminal breach of trust by public servant], 466 [Forgery of record of Court or of public register] and 467 [Forgery of valuable security] r/w Section 34 [Common intention] of the Indian Penal Code in the FIR before the Crime Branch.

Additionally, the offence under Section 13(1)(a) of the PC (Amendment) Act, 2018 was incorporated.

The prosecution allegation was that the 10 accused persons, knowing that the Dwarapalaka idols were gold-cladded, entered into a conspiracy and submitted a false report that these were merely copper plates and intended to be gold-plated. It is alleged that the accused worked together in misappropriating around 4.5 kg of gold from the idols placed in Sabarimala temple.

After hearing the parties, the Court was of the opinion that investigation must go on to trace out some higher officials, who appear to have been involved in the large-scale crime.

"Thus, prima facie, the conspiracy, in the instant case, is in a widest magnitude, including some other higher officials other than the accused persons now arrayed and without the involvement of the higher officials, this kind of large scale looting of gold, that too, from a holy temple like Sabarimala, where lakhs of people bestowed themselves, should not have happened. Therefore, even though the investigation is on the right direction, the investigation should be widened to include those who have involvement in this scam, particularly tracing the higher ups who had control, connection and constant contact with Sri.Unnikrishnan Potty, since Sri.Unnikrishnan Potty, the 1st accused, continued in Sabarimala under the grace of some big guns. Therefore, the investigating officer shall have to consider the widest conspiracy and investigate on the involvement of the big guns in the scam without fail to ensure fair investigation," the Court added.

The Court further opined that since a prima facie case is made out against the petitioners, if they are granted bail, then there was every chance of them influencing the witnesses and tampering with the evidence. This was the Court's decision on merits.

With respect to the medical issues raised by the 4th accused, the Court noted that she got admitted to the hospital on the very same day the crime was registered and was treated in-patient for 4 days with a discharge summary that her condition was stable. It accepted the State's suggestion that medical attention would be provided by the investigating officer if she faces any complication during arrest or custody:

"However, it is made clear that as undertaken by the learned ADGP, if any medical emergency will be required to avoid the complications to the 4th accused during her arrest and custody, the same shall be given to the 4th accused without fail, in the interest of justice."

The case is being investigated by a Special Investigation Team constituted by the Division Bench of the Court. After the Bench had highlighted the need to look into the larger conspiracy behind the alleged irregularities in the weight of gold from the Dwarapalaka idols and side frames of the Sabarimala temple, the SIT had arraigned many former Devaswom Board officials as accused persons.

Among them, Sreekumar and ex-Secretary S. Jayasree had moved anticipatory bail pleas before the High Court and were granted interim protection from arrest. After hearing the parties in-camera, the Court had reserved its orders.

Case No: Bail Appl. 13782/2025 and Bail Appl. 13835/ 2025

Case Title: S. Sreekumar v. State of Kerala and Anr. and S. Jayasree v. State of Kerala and Ors.

Citation: 2025 LiveLaw (Ker) 795

Counsel for the petitioners: Renjith B. Mararar, Gokul Babu S., M. Anil Prasad, Keshavraj Nair, Gaadha Suresh, Viswanath Jayan, Aswin S., Swetha Pandalay H., and R. Ranjanie, Lakshminarayan (Sr.)

Counsel for the respondents: Gracious Kuriakose - Addl. Director General of Prosecution, C.K. Suresh - Public Prosecutor

Click to Read/Download Judgment