'Gave Clean Chit To Accused': Kerala High Court Expunges Trial Court's Remarks On SIT Probe Against Thantri Rajeev In Gold Theft Case

The Kerala High Court has recently expunged the the remarks made by the Special Judge against the investigation of the Special Investigation Team (SIT) in the Sabarimala Gold Theft case while granting bail to accused Kandararu Rajeevaru @ Rajeev Thantri. Justice A Badharudeen, expunged the remarks while disposing of the petition by the State to cancel the bail granted to to Kandararu Rajeevaru @ Rajeev Thantri, who is arrayed as an accused in the Sabarimala gold theft case. The court however did not cancel Rajeev Thantri's bail. "Going through the observations in paragraph Nos.79, 80, 87 and 88 of the impugned order, it is discernible that the learned Special Judge, on the basis of materials produced, given a clean chit to the respondent and according to the prosecution, the same is fatal to the investigation and prosecution. This Court is of the view that even though a court granting bail has the power to evaluate the materials to find out prima facie whether the offences alleged against the petitioner seeking bail are made out, such power shall not be exercised to efface the investigation and to annul the prosecution of the accused. Indubitably, the Investigating Officer can collect more materials in continuation of the investigation and evaluation of the same is the domain of the trial court, in accordance with law to take appropriate decision. Thus, I am of the considered view that the learned Special Judge should not have gone to that extend". The Court had earlier, expressed its disinclination to cancel the bail of Rajeevaru. During the hearing, the prosecution submitted that it does not seek cancellation of the bail and prayer is limited to expunging the remarks by the Special Court. The Court observed that going through the orders of the Special Judge, the observations made by the Special Judge can be seen as giving clean chit to the respondent. The prosecution argued that such observations can be fatal to the investigation and prosecution. The Court thus ordered expunging of the said remarks: "In the interest of justice, the remarks and observations made by the learned Special Judge in paragraph Nos.79, 80, 87 and 88 of the impugned order, without prejudice to the right of the prosecution to investigate and prosecute the respondent, stand expunged" The Court further held that trial Court Judge shall decide the case based on evidence adduced during trial and while considering discharge or framing charge also, the trial court Judge shall look into the prosecution materials in its entirety to take an appropriate decision, in accordance with law.The Court had earlier, stayed the observations made by the Special Court against the investigation of the Special Investigation Team (SIT) in the Sabarimala Gold Theft case.Rajeevaru was arrested by the Special Investigation Team in January and he was released after around 54 days in custody when the Court of the Enquiry Commissioner and Special Judge, Kollam granted him bail. The allegation against Rajeevaru is that at the time of the alleged occurrence, he was the Chief Priest of the Sabarimala Temple and held ultimate authority in matters concerning rituals and religious sanctity of the temple. On 18.06.2019, he produced a typed opinion agreeing to proposal of re-plating the gold-cladded idols as suggested by Unnikrishnan Potty, the first accused and this decision formed the basis of the decision of the Travancore Devaswom Board to hand over the gold-cladded items.Case Title: State of Kerala v. Kandararu Rajeevaru @ Rajeev T and connected caseCase No: Crl. MC 2455/ 2026 and connected caseCitation: 2026 LiveLaw (Ker) 318Counsel for the Respondent: B. Raman Pillai (Sr.), R. Anil, Sujesh Menon V.B, T. Anil Kumar, Thomas Sabu Vadakekut, Mahesh Bhanu S., Ressil Lonan, George Vinci Jose, Ananth Krishna K.SClick Here To Read/ Download Judgment

'Gave Clean Chit To Accused': Kerala High Court Expunges Trial Court's Remarks On SIT Probe Against Thantri Rajeev In Gold Theft Case

Anamika MJ

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'Gave Clean Chit To Accused': Kerala High Court Expunges Trial Court's Remarks On SIT Probe Against Thantri Rajeev In Gold Theft Case

Anamika MJ

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Anamika MJ

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