Kochi, September 22, 2026 (Yes Punjab News)
The Kerala High Court on Tuesday granted the state government two days to file its objections to former Director General of Police Tomin J. Thachankary’s plea seeking suspension of his four-year prison sentence in a disproportionate assets case.
Justice A. Badharudeen posted the matter for September 24 after the public prosecutor sought time to submit a written counter opposing Thachankary’s request for suspension of the sentence pending his appeal against conviction.
The request led to a discussion over whether the prosecution has an absolute right to file written objections in cases where the sentence is less than 10 years.
Thachankary’s senior counsel, B. Raman Pillai, opposed the state’s request, contending that this was the first instance in which the prosecution had sought to file written objections in a case involving a sentence of less than 10 years.
The court also questioned the legal basis for the state’s demand. “You don’t have an absolute right to file an objection in a case where the sentence is less than 10 years,” it observed.
Referring to Section 389 of the Code of Criminal Procedure (CrPC), the court noted that the prosecution is specifically given an opportunity to file written objections when the sentence exceeds 10 years.
The state, however, argued that the circumstances of the case warranted an opportunity to place its objections before the court. The public prosecutor emphasised that Thachankary had held the high-profile post of DGP and that the case involved serious allegations.
While granting the state two days to respond, Justice Badharudeen also made an observation about the significance of the case in the context of the prosecution’s submissions.
“So this is a message to all DGPs, Chief Secretaries, even Chief Ministers, etc., that law is not so feeble even to book highly potential persons without any discrimination to their status,” the judge orally remarked.
Thachankary was convicted by the Kottayam Vigilance Court last week under Section 13(2) read with Section 13(1)(e) of the Prevention of Corruption Act.
The trial court sentenced him to four years in prison and imposed a fine of Rs 30.84 lakh. It found that, even after giving Thachankary the benefit of discrepancies established in the evidence, his assets remained 52.33 per cent disproportionate to his known income.
Thachankary, who retired from service in 2023, has challenged the conviction before the High Court. His appeal raises issues concerning the sanction for prosecution, the calculation of his income and the treatment of his wife’s income.
He has also sought suspension of his sentence during the pendency of his appeal.
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