Kerala High Court Suspends 4-Year Sentence Of Ex-DGP Tomin J. Thachankary In Disproportionate Assets Case

  • Kerala High Court Suspends 4-Year Sentence Of Ex-DGP Tomin J. Thachankary In Disproportionate Assets Case

    The Kerala High Court on Thursday (October 15) suspended the sentence awarded to former Director General of Police Tomin J. Thachankary, who was found guilty in a disproportionate assets case.Justice A. Badharudeen today allowed Thachankary's plea seeking to suspend his sentence, which was filed along with his appeal."prima facie, the finding of the learned Special Judge could not be faulted...

    The Kerala High Court on Thursday (October 15) suspended the sentence awarded to former Director General of Police Tomin J. Thachankary, who was found guilty in a disproportionate assets case.

    Justice A. Badharudeen today allowed Thachankary's plea seeking to suspend his sentence, which was filed along with his appeal.

    "prima facie, the finding of the learned Special Judge could not be faulted in any manner. However, despite the objection raised by the State, this is a case in which the sentence imposed is only four years and in such view of the matter, the sentence can be suspended by imposing necessary conditions, in the interest of justice," the Court observed.

    Among the conditions imposed, Thachankary is directed to deposit 75% of the fine amount imposed against him.

    Last month, the Court had heard details arguments by Senior Advocate Raman B. Pillai, who appeared on behalf of Thachankary, as well as the public prosecutor, who opposed on the sentence suspension plea. It had then reserved its verdict.

    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. Following the conviction, Thachankary had moved the present appeal and sentence suspension plea before the High Court.

    The appeal is moved by Advocates 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.

    K. Salma Jennath

    Salma Jennath is a Principal Correspondent with LiveLaw, covering Kerala High Court

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