Ex Kerala DGP Tomin Thachankary 
Litigation News

Ill while in jail but now wants to go abroad for job? Kerala High Court on Tomin Thachankery plea

"While in jail, he says he has so many illnesses. Now he is asking permission to go abroad to do a job. Why such contradictions?" the Court asked.

Praisy Thomas

The Kerala High Court on Monday questioned the apparent contradiction in a plea made by corruption-accused former Kerala Director General of Police (DGP) Tomin J Thachankary seeking permission to travel abroad for work, despite having earlier claimed that he suffered from various medical ailments while he faced the prospect of remaining in jail.

Thachankary's latest plea seeks a relaxation of conditions imposed by the High Court in October, when it suspended a four-year prison sentence imposed in him by a trial court in a disproportionate assets case.

Justice A Badharudeen today recounted that Thachankary had earlier claimed he suffered from various health conditions when he urged the trial court to take a lenient approach in his sentencing.

"While in jail, he says he has so many illnesses. Now he is asking permission to go abroad to do a job. Why such contradictions?" remarked Justice Badharudeen.

Justice A Badharudeen

The judge expressed reservations over such apparently conflicting stances.

"How can he go abroad and do the job? Once he goes to the jail, he feels as having so many diseases so that he must get admitted to the hospital and on getting released, he wants to go abroad and do job. This is absolutely contrary views. How can it be justified?" asked Justice Badharudeen.

The judge added that such contradictions would also undermine public confidence in the judiciary.

"Jailil povumbo asukham, velil erangumbol arogyam. Ithokke kandu janangal vicharikkum, kodathiyil irrikyunnavarkku oru buddhiyum illennu. Jailil poyal gurutharam rogi. Puratherangiyaal Saudi Arabiyakku, Americaykku povan oru kozhapamilla. How can it be?" the judge asked.

(Translation) "When he goes to jail, he is ill, but when he comes out, he is healthy. Seeing all this, people will think that those sitting in courts have no sense. When he is in jail, he is a seriously ill patient, but once he comes out, he has no problem travelling to Saudi Arabia or America. How can that be?"

When he is in jail, he is a seriously ill patient, but once he comes out, he has no problem travelling to Saudi Arabia or America. How can that be?
Kerala High Court

The Court proceeded to direct the Superintendent of Poojappura Central Jail, where Thachankary had earlier been lodged, to submit a report detailing his hospitalisation during his four weeks in custody.

"The report should contain the details regarding the total number of days he was admitted to the jail hospital and the details of diseases for which he was given treatment," ordered the Court.

It further directed for the report to also state the number of days he was not hospitalised.

"The report also should contain how many days, in fact, he was not in the hospital, so as to consider his request to go abroad as genuine on the financial aspects involved in this case," said the Court.

The case will be heard next on November 6, Friday.

The case against Thachankary originated from a complaint by one Bobby Kuruvila, who alleged that the former DGP had acquired properties, including houses and flats, disproportionate to his known income.

Thachankary was subsequently sentenced to four years of rigorous imprisonment by the Kottayam Enquiry Commissioner and Special Judge (Vigilance) KV Rajaneesh in September 2026 after being convicted under the Prevention of Corruption Act.

The Vigilance Court found that he had amassed assets worth ₹30.84 lakh disproportionate to his known sources of income during the check period between 2003 and 2007. The amount constituted 52.33% of his known income.

The Court also imposed a fine of ₹30,84,892 on him.

While seeking a lighter sentence, Thachankary had cited medical ailments. However, the Vigilance Court had declined to grant leniency. It observed that his position as a senior IPS officer and the breach of public trust involved warranted a deterrent sentence.

Thachankary's appeal against this verdict is pending before the High Court. Last month, the High Court decided to stay his prison sentence until his appeal is decided.

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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