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The Kerala High Court on Thursday (November 12) orally expressed its suspicion that a conspiracy occurred to ensure that former Director General of Police Tomin J. Thachankary did not spend even a day in jail, following his conviction in the disproportionate assets case.

Justice A. Badharudeen orally said:

"He has not even seen the cell. He must have seen the cell while conducting inspection as DGP...If the doctors in the jail, the officials in the jail, have given you a grace, then that is a conspiracy in between them, for which an investigation to be ordered...Whether he was put in the jail hospital for any disease or the same is a conspiracy and for which whether the doctor therein is involved. Who are the persons involved? Jail Superintendent, or any other persons in the Police involved. That are all matters to be investigated."

The oral remark was made while considering the plea preferred by Thachankary seeking modification of the conditions of his bail following suspension of the sentence granted to him in a disproportionate assets case. Thachankary sought the permission of the Court to go abroad and rejoin his work.

During the last hearing, the Court had noted that Thachankary had not spend even one day jail following his conviction and was hospitalised for almost a month until his sentence was suspended.

When the case came up today, Thachankary sought to withdraw the plea to go abroad. However, the Court orally said that it is considering taking other steps, including examination by a Medical Board to ensure that the former DGP was not feigning illness to avoid jail stay:

"Even if you withdraw this application, I will suo motu order his examination by a medical board...Even if you withdraw, I won't leave you. I may order his examination by a Medical Board to ascertain what is his illness."

The Court then went on to reserve its verdict in the plea.

The former DGP was convicted in a disproportionate assets case and sentenced to 4 years' imprisonment and ₹30.8 lakhs fine. The sentence was recently suspended by the High Court, four weeks after the conviction. One of the conditions imposed while releasing him on bail was that he shall leave India. Subsequently, he moved the present plea seeking modification of the conditions to go abroad and rejoin his work.

The Court had orally criticised the plea during early proceedings, remarking that Thachankary claims illness when inside jail but when outside, he seems healthy enough to work abroad.

It had also called for a report from the Jail Superintendent mentioning the number of days in which Thachankary was actually hospitalised during his custody. After the same was produced, the Court opined that the matter required detailed consideration to ascertain whether Thachankary's hospitalisation was "bona fide or it was a gimmick played to avoid his stay inside the cell."

Counsel for the petitioner/appellant: Raman B. Pillai (Sr.), 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.

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