The problem of former Kerala DGP Tomin J Thachankary (IPS:1987:KL), convicted in a disproportionate assets case, is refusing to die down, with his plea to relax his bail conditions so he could travel to Dubai for work inviting scathing observations from the Kerala High Court.
Justice A Badharudeen questioned how he spent almost his entire period of custody in a prison hospital rather than in a jail cell.
“You have not been in jail,” the judge remarked.
The reprimand from the judge was so scathing that the counsel decided to withdraw the petition to relax bail. But the judge was not relenting. Thachankary’s lawyers faced a cut-throat scrutiny and pointed questions by the judge during the hearing.
Thachankary had been sentenced to four years of rigorous imprisonment and fined Rs 30.84 lakh by a Vigilance Court in a disproportionate assets case. The High Court subsequently suspended his sentence pending appeal, subject to conditions.
In the meantime, Thachankary filed a petition seeking relaxation of the bail condition to travel abroad and stirred the hornet’s nest.
During the hearing on Thursday, his counsel cited breathing difficulties and other health concerns. But the explanation prompted a series of pointed questions from the bench.
It prompted Justice Badharudeen to revert; if he had a problem like that, then he should stay in the hospital instead of going abroad to do a job.
The judge highlighted the apparent contradiction between the medical claims and the proposed overseas employment.
The court also questioned how Thachankary had managed to avoid spending time in a regular prison cell.
But the judge’s observations did not stop here.
He raised serious questions about the role of prison doctors and jail officials, and whether the former police chief had received preferential treatment during his custody.
The court also raised the possibility of a collusion between jail officials and medical personnel. The judge concluded that the circumstances surrounding the hospitalisation required investigation.
It led to Thachankary’s counsel pleading against further action, but the judge remained unrelenting.
However, the court permitted the withdrawal of the Dubai travel application.
The hearing concluded with Thachankary filing a fresh application withdrawing his earlier plea seeking modification of the bail conditions the court imposed on him while suspending his sentence.
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