The Kerala High Court on Friday orally warned of cancelling the bail granted to former Director General of Police Tomin J. Thachankary while hearing his application seeking modification of bail conditions to travel abroad for employment. Justice A. Badharudeen made the remarks after noting that the convict, sentenced to four years' imprisonment and a fine of Rs 30.8 lakh in a disproportionate assets case, had not spent a single day in custody following his conviction.
The conviction and sentence were recently suspended by the High Court approximately four weeks after the trial court's order. During the pendency of the suspension, Thachankary remained hospitalised, claiming various ailments. However, the petitioner now contends he is fit to take up employment overseas, prompting the Court to question the veracity of the medical grounds previously urged.
Court Questions Contradictory Medical Claims
Justice A. Badharudeen orally observed that the petitioner's conduct presented a stark contradiction. The Court noted that Thachankary claimed illness while in judicial custody, remaining admitted in the hospital from the date of admission until release, without spending even one day in jail. The Bench remarked that the same individual now appears healthy enough to work abroad, characterising the submissions before the Court as lies.
“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 type of cases would be treated very seriously. If this is the position, I may go for the option to cancel the bail also,” Justice Badharudeen orally remarked.
What Was The Kerala High Court's Observation On The Former DGP's Jail Stay?
The Kerala High Court orally observed that former DGP Tomin J. Thachankary did not spend a single day in jail following his conviction in a disproportionate assets case, remaining hospitalised throughout the period, yet now seeks to travel abroad for work claiming fitness.
Jail Superintendent's Report Called For
Earlier in the week, the Court had directed the Jail Superintendent to submit a report detailing the exact number of days Thachankary was actually hospitalised during his custody. The report was produced before the Court on Friday. Justice Badharudeen indicated that the matter requires a detailed hearing after perusing the medical records and the Jail Superintendent's report. Consequently, the matter has been posted for hearing on Thursday, November 12.
The petitioner was represented by a battery of counsel led by Senior Advocate Raman B. Pillai, along with advocates S. Rajeev, M. S. Aneer, Sarath K. P., Anilkumar C.R., K.S. Kiran Krishnan, Dipa V., Akash Cherian Thomas, T.P. Aravind, Azad Sunil, Akshara S., Niveditha Rajeev, and Ebee Antony. The Court's strong prima facie view underscores the scrutiny applied to bail conditions when a convict seeks privileges inconsistent with the medical grounds relied upon for remaining out of custody.