In cases involving serious offenses by high-ranking officials, bail is denied to safeguard public trust and maintain the integrity of legal processes.

ORDER

This is an application for regular bail filed under Section 480 of the Bharatiya Nagarik Suraksha Sanhita ( BNSS ), 2023.

2. The material averments in the bail application of the 3rd accused in this crime, namely Sri.N.Vasu, are the following:-

3. The petitioner is the 3rd accused in the aforesaid Crime registered for the offences punishable under Sections 403 , 406, 409, 466, 467, 120-B r/w 34 of the Indian Penal Code , and Section 13 (1)(a) of the Prevention of Corruption Act , 1988.

4. The petitioner is aged 75 years and he had formerly served as the Vigilance Tribunal Judge from 05/04/1991 to 09/06/2006 and as the Devaswom Commissioner from 10/11/2010 to 15/03/2013. Further he was again the Devaswom Commissioner from 01/02/2018 to 14/03/2019. The petitioner subsequently worked as the President of the Travancore Devaswom Board from 15/11/2019 to 14/11/2021.

5. The petitioner had an unblemished personal carreer and he has never given any room for allegations. The petitioner also does not have any criminal antecedents.

6. The Hon’ble High Court of Kerala noticed certain clandestine acts of the Travancore Devaswom Board Officials which resulted in the pilferage of the gold cladding installed in various portions of the sanctum sanctorium of the Sree Lord Ayyappa Temple at Sabarimala while considering report No. SSCR.No.23/2025 filed by the Chief Vigilance and Security Officer of the Travancore Devaswom Board. Thereafter two criminal cases were registered as Crime No. 3700/25 and Crime No. 3701/2025. The present crime concerns the removal of the gold cladded door frames of the aforesaid Sreekovil and its gold plating activities carried out in the year 2019.

7. The allegations levelled against the petitioner are based solely on official acts carried out by him while he was functioning as the Commissioner of the Travancore Devaswom Board during his tenure from 1/02/2018 to 14/03/2019. In fact on 16/02/2019, the Executive Officer at Sabarimala had forwarded a letter addressed to the Travancore Devaswom Board through the Devaswom Commissionerate. In the letter the Executive Officer had requested for sanction of the Devaswom Board to entrust gold plating work on copper plates covering the door frames of the Sreekovil to the sponsor who had applied for carrying out the work as an offering. This letter was received in the onward transmission to the Board Office by the concerned section Clerk of the Devaswom Commissionerate. The Clerk in turn put up a note to the Assistant Commissioner and Deputy Devaswom Commissioner who are higher officials and Gazetteed Officers for transmission of the request to the Board. All the officers under the Devaswom Commissioner nodded their approval and the petitioner also put his “yes” on the file and forwarded the letter to the Secretary, clearly stating that the matter be discussed at the Board and appropriate orders issued. In fact the petitioner did not make any, recommendations in this regard and he neither recommended nor instructed and merely submitted before the Devaswom Board for a proper decision. The said letter had been forwarded by the petitioner through proper channel on 6/02/2019 with the following

demit his office, completing his tenure and he was not aware of any further proceedings. Subsequently the Devaswom Board took the decision to accord sanction pursuant to the letter of the Executive Officer at Sabarimala on 20/03/2019 and at that time the petitioner was not holding his chair. Hence the petitioner has nothing to do with the decision of the Travancore Devaswom Board. Further a copy of the Executive Officer’s letter was also attached along with the forwarding letter of the petitioner.

8. The petitioner has subse