Kerala High Court Denies Anticipatory Bail To Accused Booked For Embezzling Sale Proceeds Of Sabarimala's Adiya Sishtam Ghee

The Kerala High Court on Tuesday (February 24) denied anticipatory bail to Jithusooraj S.K., part-time shanti and the 31st accused in the crime registered by the Vigilance and Anti-Corruption Bureau, Pathanamthitta in relation to the embezzlement of sale proceeds of Adiya Sishtam Ghee in Sabarimala.Justice A. Badharudeen noted that the FIR was registered on the basis of the Division Bench's order in a suo motu proceeding initiated on the basis of the Sabarimala Special Commissioner's report. The Division Bench had flagged alleged misappropriation of around Rs. 35 lakhs and had observed that prior approval under the Prevention of Corruption Act is not required in the present case.The accused is alleged to have committed the offences punishable under Sections 316(5) [Criminal breach of trust], 314 [Dishonest misappropriation of property], 61(2) [Criminal conspiracy], 3(5) [Common intention] and 344 [Falsification of accounts] of the Bharatiya Nyaya Sanhita and Sections 13(1)(a) r/w 13(2) of the Prevention of Corruption (Amendment) Act, 2018.The petitioner contended that due to the rush in the ghee counters, it was difficult for him to check and verify the tickets issued for the purpose of supply of the ghee. Moreover, there was no specific allegation made out against the petitioner, it was argued. He agreed to cooperate with the investigation.The prosecution opposed the pre-arrest bail plea and pointed out that there is a specific allegation against the petitioner, mentioned in report of the Investigating Officer, that he misappropriated around Rs. 1.08 lakhs while handling the ghee counter. Moreover, there is also an allegation that the petitioner along with 5 other accused misappropriated Rs. 47,600/-.After considering the submissions, the Court felt it appropriate to dismiss the bail application since custodial interrogation was necessary to recover the money and for a meaningful investigation. It observed:“Having analysed the facts and attending circumstances in this case, the contention raised by the learned counsel for the petitioner that the petitioner is innocent could not be found, prima facie. But the prosecution records reveal the role of the petitioner in this misappropriation, prima facie, as discussed afore. In such a case, arrest, custodial interrogation, recovery of the money misappropriated, and how it was utilised, are absolutely necessary to accomplish eventful prosecution, as submitted by the learned Special Public Prosecutor.”The Court also directed the accused to surrender before the Investigating Officer and in case of failure, the Investigating Officer is to proceed against him.Case No: Bail Appl. No. 1012 of 2026Case Title: Jithusooraj S.K. v. State of KeralaCitation: 2026 LiveLaw (Ker) 118Counsel for the petitioner: Sibi Thomas JacobCounsel for the respondent: A. Rajesh - Spl. Public Prosecutor, Rekha S. - Sr. Public ProsecutorClick to Read/Download Order

Kerala High Court Denies Anticipatory Bail To Accused Booked For Embezzling Sale Proceeds Of Sabarimala's Adiya Sishtam Ghee

K. Salma Jennath

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