The Kerala High Court on Tuesday orally indicated that it was not inclined to cancel the bail granted to senior thantri Kandararu Rajeevaru in the alleged Sabarimala gold misappropriation case.
The single-judge Bench of Justice A Badharudeen observed during the hearing that while the Court may expunge adverse remarks made by the vigilance court against the Special Investigation Team (SIT), it was not inclined to interfere with the order granting bail to the accused. The matter has been posted for further consideration on June 3.
The observations came while hearing a petition filed by the State government seeking cancellation of bail granted to Rajeevaru as well as deletion of findings made by the trial court criticising the SIT investigation.
The High Court had earlier passed an interim order staying the adverse observations made by the vigilance court against the investigating agency and the investigating officer.
The case concerns alleged misappropriation of gold ornaments and gold-plated structures belonging to the Sabarimala Temple, including coverings of the Dwarapalaka idols and portions of the Sreekovil. The alleged discrepancy came to light after sacred artefacts weighing around 42,800 grams were sent for repair work and were subsequently found to weigh substantially less upon return.
According to the prosecution, the repair work was undertaken under the sponsorship of the prime accused, Unnikrishnan Potti. The SIT alleged that Rajeevaru had supported the proposal for carrying out repairs, which resulted in temple authorities handing over the artefacts.
The investigating agency further alleged that the thantri was present during preparation of mahazars documenting removal of the articles and had signed records describing them as copper plates instead of gold-cladded copper plates, thereby facilitating the alleged criminal misappropriation and conspiracy.
Rajeevaru was arrested by the SIT in January this year. However, a vigilance court in Kollam granted him bail after holding that no prima facie material had been produced to establish his involvement in any criminal conspiracy with the prime accused.
The vigilance court had also made critical observations regarding the SIT investigation and noted absence of direct evidence connecting the accused to the alleged offence.
Before the High Court, the SIT contended that the trial court exceeded the limited scope of bail proceedings by conducting a detailed assessment of evidence amounting to a mini trial. The State further argued that witness statements and documentary evidence indicating close association between Rajeevaru and the prime accused had not been properly considered and that the findings recorded by the vigilance court could prejudice the ongoing investigation and future trial proceedings.
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