The Kerala High Court on Thursday flagged suspicions about the manner in which former Kerala Director General of Police (DGP) Tomin J Thachankary was hospitalised shortly after he was sent to jail in connection with a corruption case.

Justice A Badharudeen noted that due to the hospitalisation and the subsequent suspension of jail sentence, Thachankary barely spent any time in jail despite his conviction.

The Court was also not impressed by a submission that Thachankary suffered from breathing issues, which had necessitated his hospital admission.

Justice Badharudeen asked why the former DGP was now seeking permission to go abroad for a work assignment if his medical condition was so poor.

"Please apply common sense. Oraal jailile vaathil kadannal, ayaal nere aashupathriyil. Avide kidathu. Jamyam kittumbo avdunn nere arrangi thirich verua and ivd verua. He was not even sent to a cell, he saw a cell when he inspected an accused when he was a DGP," the judge observed.

(Translation: Please apply common sense. The moment he is in jail, he goes straight to the hospital and stays there. The moment he gets bail, he comes to court to seek permission to travel abroad. He was not even sent to a (jail) cell, he saw a cell when he inspected an accused when he was a DGP."

The judge hinted that he would order an inquiry into these issues.

"What is his illness? Whether he was put in the jail hospital for any disease, or for which whether the doctor therein is involved, who are the persons involved, Jail Superintendent, or any other persons in the police hierarchy involved. That all matters to be investigated. I won't leave this matter without an inquiry. He must go for medical board examination," the judge said.

Justice Badharudeen further opined that there appeared to have been a conspiracy to help Thachankary avoid spending time in a jail cell. Addressing Thachankary's counsel, the judge said.

"What is his disease actually? Counsel, if your argument is that you are not aware of what is his physical condition, then the doctors in the jail and the officials in the jail gave you a grace. Then there is a conspiracy in between them, for which there should be an investigation. I will order."

The Court proceeded to adjourn the matter after recording in its interim order that there appeared to be some anomalies in Thachankary's arguments.

"The anomaly in the contentions raised in (Thachankary's plea for permission to go to Dubai while his appeal was pending) regarding his admission in the Central Prison is a matter to be addressed for the purpose of appropriate orders in the interest of justice and for keeping the rule of law intact," the order stated.

Thachankary was convicted by a trial court in a corruption case in mid-September and sentenced to four years in prison.

However, a month later, the High Court suspended his jail sentence until it decides on the former DGP's appeal against the trial court verdict. The High Court added that Thachankary cannot leave India while the appeal is pending, without prior permission.

Later, Thachankary moved a plea seeking permission to go to Dubai for employment-purposes.

When the matter was heard on November 2, the Court questioned how Thachankary, who claimed to be seriously ill and remained hospitalised throughout his period in custody, now claimed to be fit enough to travel abroad.

The Court proceeded to direct the Superintendent of Poojappura Central Jail to submit details of Thachankary's hospitalisation during his four weeks in custody, including the number of days he spent in hospital and the ailments for which he received treatment.

When the matter was heard today, Thachankary's counsel sought permission to withdraw his plea to travel abroad.

However, Justice Badharudeen indicated that he was not inclined to drop the matter without an inquiry.

"If you (Thachankary) have a problem like that (breathing problems), then you should stay in the hospital, instead of wanting to go to Dubai to do a job. How is he planning to go to Dubai? He can withdraw the application, but at the same time I may go for other steps," the judge said.

Advocates S Rajeev, Sarath KP, Anilkumar CR, KS Kiran Krishnan, Dipa V, Akash Cherian Thomas, TP Aravind, Azad Sunil, Akshara S, Nivedita Rajeev, Ebee Antony and MS Aneer appeared for Thachankery.

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