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Kochi | The Kerala High Court on Friday denied bail to former TDB president N Vasu and two other accused in the cases related to loss of gold from the Lord Ayyappa shrine in Sabarimala.

The court also pointed out a laxity in the ongoing probe in the matter as former Board members K P Sankardas and N Vijayakumar were not yet arrested.

Justice A Badharudeen said that both Sankardas and Vijayakumar were neither arraigned as accused nor arrested by the SIT despite being "criminally liable for describing the original gold-cladded items as copper plated".

Besides Vasu, the court denied relief to former Thiruvabharanam Commissioner K S Baiju and former Travancore Devaswom Board (TDB) administrative officer B Murari Babu, saying the role of the three in the loss of gold from the shrine "are made out, prima facie".

The court also said that granting them bail "would definitely impede the investigation" and "would be detrimental to the interest of the holy deity as well as the lakhs of devotees".

While dismissing the bail pleas moved by the three accused, the court noted that there was "serious stagnation in the investigation" as Sankardas and Vijayakumar were neither arraigned as accused nor arrested till now.

The court said that they too had a role in the description of the gold-cladded items as copper-plated, which was the "starting point of the misappropriation".

It said that Sankardas and Vijayakumar were neither arrested nor was any effective probe against them indicated in available records, indicating "serious laxity in the investigation" of the crime.

Although the investigating officer arrested A Padmakumar, others were not arrested, the court said.

"This shows serious laxity in the investigation of this crime and casts a shadow of doubt on the investigation. The investigating officer shall address the same," the court said.

Referring to the bail pleas of the three accused and their claims, the court said they were given the job of "protecting the interests of the holy deity, temple and the lakhs of devotees".

However, they were "involved in misappropriating the gold" and this was nothing but "a typical example where ‘protectors’ become the `destroyers’ or a `guardian’ turns `executioner’ or the `hand that heals’, now `harms’", the court said.

The court further said that in the instant cases, it was not just the sentiments of the community which were involved, "but the allegations are misappropriation of gold belonging to a holy deity by its custodians, which is usually unheard of and having a unique stature embedded with".

While declining the relief to the three, the court also said that in such cases, age-old ailments such as diabetes, hypertension, etc. and medication thereof are also not grounds for granting bail, since such infirmities can be adequately addressed by the jail authorities or the investigating agency by giving proper medical care to the accused persons.

"Having said so, at this stage, the release of the petitioners (Vasu, Babu and Baiju) on regular bail would definitely impede the investigation, as already discussed in detail hereinabove and also the same would be detrimental to the interest of the holy deity as well as the lakhs of devotees.

"Hence these petitions are liable to be dismissed. Accordingly these petitions stand dismissed," the court said.

The loss of gold from Sabarimala is being probed by a Special Investigation Team (SIT) constituted by the High Court.

At present, the SIT has registered two cases in connection with the loss of gold from the gold-clad plates of the Dwarapalaka (guardian deity) and the door frames of the Sreekovil (sanctum sanctorum).

The probe is proceeding on the assumption that the prime accused, Unnikrishnan Potty, removed the gold plates after they were taken for electroplating in 2019.

Along with Potty, two former TDB presidents, four former employees of the Board and two others have been arrested in the case so far.

The two latest arrests are of Pankaj Bhandari, CEO of Smart Creations, the Chennai-based firm that carried out the electroplating of the artefacts from Sabarimala, and Govardhan, a jeweller based in Ballari.