Kerala HC Suspends Ex-DGP Tomin Thachankary’s Sentence in DA Case

The Kerala High Court on Thursday suspended the four-year prison sentence imposed on former Director General of Police Tomin J Thachankary in a disproportionate assets case, paving the way for his release from the Central Prison and Correctional Home at Poojappura in Thiruvananthapuram district.

Thachankary was released at around 8.30 pm after prison authorities received the court order, an official said. Justice A Badharudeen granted the relief while hearing Thachankary's appeal against his conviction by a vigilance court, which had sentenced him to four years of rigorous imprisonment and imposed a fine of Rs 30.84 lakh.

The High Court observed that the former officer had failed to produce documents before the investigating officer to explain the wealth allegedly amassed beyond his known sources of income. It said the trial court's findings could not be faulted prima facie.

However, considering that the sentence was limited to four years, the court held that it could be suspended by imposing appropriate conditions, despite the state's objection.

The court directed Thachankary to deposit 75 per cent of the fine before executing a bail bond of Rs 5 lakh, supported by two solvent sureties. It also prohibited him from leaving India without prior permission and warned that any involvement in another crime could lead to cancellation of the relief.

In his appeal, Thachankary challenged the conviction, alleging errors in the investigating officers' calculations and failure to consider certain income sources. He argued that the conviction was unsustainable because of the alleged misappreciation of evidence.

The case originated from a Vigilance and Anti-Corruption Bureau investigation into assets allegedly accumulated between January 2003 and July 2007. Searches were conducted at various premises in July 2007, and documents were seized.

The state government later ordered further investigation following Thachankary's complaint about errors in the assessment. The High Court subsequently quashed that order but permitted investigators to use evidence collected during the additional probe.

The suspension of the sentence does not amount to an acquittal, and Thachankary's appeal against the conviction remains to be decided.