'Exceptional Case': Kerala Govt Objects To Ex-DGP Tomin J Thachankary's Sentence Suspension Plea In DA Case
The Kerala High Court on Tuesday (September 22) granted 2 days' time to the State to object to former Director General of Police Tomin J. Thachankary's plea to suspend his 4-year sentence in a disproportionate assets case.
When the matter came up before Justice A. Badharudeen today, the public prosecutor submitted that he seeks to file a counter objecting to the sentence suspension plea in Thachankary's appeal against conviction.
Thachakary's counsel asked what the specialty in the case was since only a 4-year sentence was granted. The Court also orally said, "You don't have an absolute right to file objection in a case where the conviction is less than 10 years. Why you state that this is special case?"
The prosecutor submitted that this was an exceptional case since the convict used to hold a high-profile post.
"So this is a message to all DGPs, Ministers, Chief Ministers etc. Question is if there are exceptional circumstances."
The Enquiry Commissioner and Special Judge (Vigilance), Kottayam had convicted Thachankary under Section 13(2) read with 13(1)(e) of the Prevention of Corruption Act, 1988. He was sentenced to 4 years imprisonment and a fine of Rs. 30.84 lakhs.
The Special Judge had found that after giving the benefit of every material discrepancy established through evidence, what remains is still 52.33 % of his known income.
The appeal is moved by 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.
Case No: Crl.A 1239/2026
Case Title: Tomin J. Thachankary v. State of Kerala