Sabarimala heist: Recovery of gold essential for effective prosecution, says Kerala HC

Kochi: Kerala high court has observed that failure to recover the misappropriated gold from the Sabarimala temple would give an advantage to the accused to escape penal consequences and, if so, would render the entire prosecution meaningless.Justice A Badharudeen made the observation while dismissing the bail petitions filed by former Travancore Devaswom Board (TDB) president A Padmakumar, TDB deputy commissioner B Murari Babu, and Ballari-based jeweller Roddam Pandu Rangaiah Naga Govardhan, who are accused in the Sabarimala gold heist case. The court noted that the investigation into the alleged misappropriation of gold from the temple's valuables is still at a midway stage and that a substantial portion of the gold is yet to be recovered.
According to prosecution, two cases were registered in connection with the alleged theft, involving the misappropriation of a total of 4,147g of gold. However, only 474.960g have been recovered so far, and that too from Govardhan. HC observed that the investigation does not indicate the method adopted to recover the remaining gold. It further emphasised that for an effective prosecution, recovery of the misappropriated gold is essential, or alternatively, the investigating officer must provide cogent and convincing reasons to establish that recovery has been frustrated or rendered impossible. The court directed the investigating officer to focus on this aspect to ensure an effective and meaningful investigation.The court noted that while Govardhan claimed to be a regular donor to Sabarimala, this by itself could not absolve him of the allegation that he was involved in the misappropriation of gold from the temple. Although he contended that he had remitted the monetary value of the gold he had received, the court observed that even a small offering made to the deity carries an antique and sacred value that cannot be measured in monetary terms. The antique value of the gold allegedly removed from the dwarapalaka idols and door frames, located close to the sanctum, could not be quantified in terms of money, the court said.HC observed that granting bail to Padmakumar could hamper the investigating officer's opportunity to jointly question all devaswom board members to elicit further details of the alleged misappropriation. It further noted that Padmakumar, being a former MLA and an influential person, could interfere with the investigation, including efforts to recover the remaining gold, if released on bail.Murari Babu being a prime accused, granting bail to him could obstruct the investigation, including the recovery of gold, HC held.The court also quoted lines from a well-known song from the Malayalam film Advaitham, "Panchagni madhye thapasu cheythalume…".