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.

The prosecutor submitted that this was an exceptional case since the convict used to hold a high-profile post and that such a person has caused havoc to society. Hearing the submission, Justice Badharudeen orally remarked:

"So this is a message to all DGPs, Chief Secretaries, even Chief Ministers, Prime Minister, etc. that law is not so feeble even to book even the highly potential persons without any discrimination to their status...Here, there is exceptional circumstances, so we will give two days' time."

The case is posted to Thursday (September 24) for further consideration.

"Senior counsel for the appellant argued that sentence imposed against the appellant for a period of 4 years may be suspended in the interest of justice but the learned public prosecutor appearing for the State opposed the contention on the submission that this is an exceptional case where exceptional circumstances could be found and therefore, the State want to file a written counter to the petition seeking suspension of sentence. Even though Section 389 of CrPC doesn't provide a written objection by the State when the sentence is below 10 years, going by the decision of the Apex Court placed by the senior counsel reported such a cause of action is not prohibited in exceptional circumstances," the Court observed.

Senior Advocate B. Raman Pillai appearing for Thachakary asked what the specialty in the case was since only a 4-year sentence was granted. He added: "For the first time, a prosecutor come and says we want to file to objection in a case of this nature."

While considering the prosecution's request for time to oppose the sentence suspension, the Court orally remarked that there is no statutory right to do so:

"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...You have a case that the prosecution 'may' have the right to file an objection in cases where sentence is below 10 years? Statute doesn't say anything. Statue says 'shall be given opportunity to file objection in writing when the sentence is beyond 10 years'...Statute doesn't say whether the prosecution has the right to ask for filing a counter or the prosecution is, in a specified case, may apply for getting time for filing a detailed counter. These are all absent in [Section] 389 [CrPC]. Then what is your legal opinion regarding the right in filing a counter?"

After hearing the parties for some time, the Court was of the view that 2 days can be granted for objecting to the sentence suspension plea, taking into consideration the exceptional circumstances in the case.

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 B. Raman 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.

Case No: Crl.A 1239/2026

Case Title: Tomin J. Thachankary v. State of Kerala