Thachankary gets sentence suspended in disproportionate assets case, but must pay 75% of fine

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, subject to conditions, including depositing 75% of the fine imposed by the trial court.

Justice A Badharudeen directed Thachankary to deposit 75% of the ₹30,84,892 fine and execute a bail bond of ₹5 lakh, with two solvent sureties, within one week of the deposit. He was also barred from leaving India without the High Court’s permission and warned that any involvement in another crime could lead to the cancellation of his bail and suspension of the sentence.

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, and sentenced him to four years in prison. He was also fined ₹30,84,892, with an additional two months of rigorous imprisonment in default of payment.

The prosecution case was that Thachankary had amassed assets worth ₹30.84 lakh, amounting to 52.33% of his total income, which he could not satisfactorily account for.

Appearing for Thachankary, senior advocate Raman B Pillai argued that the trial court’s findings were erroneous and that the prosecution evidence was insufficient to establish the offence. He sought suspension of the sentence and bail, pointing out that the prison term was four years.

The High Court observed that Thachankary had been unable to produce sufficient material before the investigating officer to account for the assets allegedly disproportionate to his known sources of income. It also noted that 23 witnesses had been examined during the trial in support of his defence, but the trial court had found their evidence insufficient to explain the assets.

“Prima facie, the finding of the learned Special Judge could not be faulted in any manner,” the court observed.

However, despite the State’s opposition, the court held that the four-year sentence could be suspended subject to appropriate conditions. It referred to Section 16 of the Prevention of Corruption Act, which requires courts to consider the value of the property or financial resources involved when determining the fine in such cases.

The court made it clear that Thachankary could not be released on bail until he deposited 75% of the fine.