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Kerala High Court Grants State Time to Object to Former DGP’s Appeal in Disproportionate-Assets Conviction
By Drooid · · How we work
Court Adjourns Bail Petition and Sets Deadline for State Counter-Objection
The Kerala High Court, sitting in Kochi, adjourned former Director General of Police Tomin J. Thachankary’s petition for bail to the following Thursday. Justice A. Badharudeen directed the state government to file a written objection to Thachankary’s request to suspend his four-year rigorous imprisonment and INR30.84 lakh fine. The court gave the state until September 24 to submit its counter-statement.
Background of the Disproportionate-Assets Case
Thachankary was convicted by the Kottayam vigilance special court for amassing assets while serving as a senior police officer between January 1, 2003 and July 4, 2007. The prosecution alleged that he acquired assets worth INR64 lakh, which exceeded his declared income by roughly 135 %. The trial court sentenced him on September 17 to four years’ rigorous imprisonment and imposed the fine.
Legal Arguments and Procedural Issues
Thachankary’s appeal argues that the trial court relied on “gross misappreciation” of evidence and erroneous calculations of rental, property, and family income. His counsel contended that the vigilance court failed to consider his wife’s business and agricultural earnings. The state, represented by the public prosecutor, opposed the bail petition, asserting that the case involves “exceptional circumstances” because of the petitioner’s former position as DGP.
Justice Badharudeen noted that while Section 389 of the Code of Criminal Procedure does not obligate the state to file a written objection for sentences under ten years, Supreme Court precedent does not bar such an objection in exceptional cases.
Official Positions and Responses
The state’s counsel stressed that the conviction concerns a “crime against society” and should not be treated as an ordinary case, urging the court to allow a written objection despite the sentence being under ten years. The prosecution highlighted the seriousness of the allegations against a former DGP and the need for a robust response.
Potential Implications
If the state files a written objection, the appeal will be reviewed with the additional perspective of the prosecution, potentially influencing the High Court’s assessment of the conviction and the request for bail. The court’s framing of the case as a deterrent to high-ranking officials underscores the broader message that corruption charges will be pursued irrespective of rank, reinforcing accountability mechanisms within Kerala’s law-enforcement hierarchy.
