Kerala High Court to consider Tomin Thachankary’s plea to suspend sentence today
The Kerala High Court will consider suspending former DGP Tomin J Thachankary's four-year sentence in a disproportionate assets case, allowing the state two days to file objections after questioning its statutory right.
The Kerala High Court will consider suspending former DGP Tomin J Thachankary's four-year sentence in a disproportionate assets case, allowing the state two days to file objections after questioning its statutory right.
The Kerala High Court will consider suspending former DGP Tomin J Thachankary's four-year sentence in a disproportionate assets case, allowing the state two days to file objections after questioning its statutory right.
Kochi: The Kerala High Court will on Thursday consider former DGP Tomin J Thachankary’s plea to suspend his four-year sentence in a disproportionate assets case.
Justice A Badharudeen had on Tuesday granted the time sought by the prosecution to oppose Thachankary’s plea, with the state describing the case as an exceptional one given his former position as a senior police officer.
The prosecution argued that Thachankary had held a high-profile post and that the circumstances of the case warranted an opportunity to file a detailed written objection.
"This case cannot be treated as an ordinary case. He was a Director General of Police. His position, the seriousness of the allegations and the fact that this is a crime against society must be considered," the State's counsel said.
The court, however, questioned whether the prosecution had a statutory right to file an objection when the sentence was below 10 years. Under Section 389 of the Code of Criminal Procedure, the prosecution is specifically given an opportunity to file a written objection when the sentence exceeds 10 years.
The court observed that the provision did not expressly state that the prosecution could seek time to file a counter in cases where the sentence was below 10 years.
Senior advocate B Raman Pillai, appearing for Thachankary, also questioned the prosecution's request, pointing out that his client had been sentenced to four years' imprisonment.
After hearing both sides, the court allowed the prosecution two days to file its objections, taking into account the circumstances of the case.
The Enquiry Commissioner and Special Judge (Vigilance), Kottayam, had convicted Thachankary under Section 13(2) read with Section 13(1)(e) of the Prevention of Corruption Act, 1988. He was sentenced to four years' rigorous imprisonment and fined ₹30.84 lakh. The trial court found that even after giving Thachankary the benefit of discrepancies established through evidence, 52% of his known income remained disproportionate to his assets. Thachankary has challenged the conviction and sentence before the High Court and has sought suspension of the sentence pending disposal of his appeal.