Unwell for jail, but fit for work abroad; Kerala HC warns it may cancel Thachankary's bail

Kochi: The Kerala High Court on Friday orally warned that it may cancel the bail granted to former Director General of Police Tomin J Thachankary, who was recently convicted in a disproportionate assets case, while considering his plea to travel abroad for employment.

Justice A Badharudeen questioned Thachankary's claim of ill health during his custody, pointing out that he had not spent even a day in jail following his conviction but was now seeking permission to go abroad for work.

Thachankary was sentenced to four years' imprisonment and a fine of ₹30.8 lakh in the disproportionate assets case. The High Court suspended his sentence recently, four weeks after his conviction.

The court observed that Thachankary had cited various illnesses to avoid being lodged in jail but was now seeking relaxation of his bail conditions to take up a job abroad.

"If this is the condition, how can he go for the job? He has been admitted in the hospital from the date of admission till the date of release. He has not spent even one day in jail... Don't spread such lies before the court. These types of cases would be treated very seriously. If this is the position, I may go for the option to cancel the bail also," the court orally remarked.

Earlier this week, the court had sought a report from the Jail Superintendent specifying the number of days Thachankary had actually spent in hospital while in custody. The report was submitted on Friday.

After examining the report, the court said the matter required a detailed hearing, along with a perusal of the medical records and the Jail Superintendent's report.

The case has been posted to November 12 for further hearing.
(With LiveLaw inputs.)