'You Were Never In Jail': Kerala Court On Ex-Top Cop's Plea To Ease Bail Terms

A plea by former Kerala Direcotor General of Police (DGP) Tomin J Thachankary to relax his bail conditions so he could travel to Dubai for employment triggered a series of scathing observations from the Kerala High Court today. Justice A Badharudeen questioned how the former police chief, convicted in a disproportionate assets case, had spent almost his entire period of custody in a prison hospital rather than a jail cell.

"You have not been in jail. You camped out and went to the hospital," the judge remarked, questioning the circumstances of Thachankary's hospitalisation.

The judge reprimanded the counsel to the level that they agreed to withdraw the petition to relax bail. However, the judge was in no mood to give up. The court witnessed a cut-throat scrutiny and pointed questions by the judge to the lawyers of the former DGP.

Thachankary had been sentenced by a Vigilance Court to four years of rigorous imprisonment and fined Rs 30.84 lakh in a disproportionate assets case. The High Court subsequently suspended his sentence pending appeal, subject to conditions.

During today's hearing, his counsel cited breathing difficulties and other health concerns. But the explanation prompted a series of pointed questions from the bench.

"If you have a problem like that, then you should stay in the hospital, instead of wanting to go to Dubai to do a job," Justice Badharudeen observed.

"This is not a question by a court of law. This is a question by an ordinary citizen of India,"  the judge added, highlighting the apparent contradiction between the medical claims and the proposed overseas employment.

The court also questioned how Thachankary had managed to avoid spending time in a regular prison cell.

"Please apply common sense. He was not even sent to a cell," the judge remarked, adding that the former DGP may have seen prison cells only during his years as a senior police officer.

But the court's observations did not stop at Thachankary.

Justice Badharudeen raised serious questions about the role of prison doctors and jail officials, and whether the former police chief had received preferential treatment during his custody.

"I won't leave this matter without an inquiry. He must go for medical board examination. What is his disease actually?" the judge asked.

The court also raised the possibility of collusion involving jail officials and medical personnel, making it clear that the circumstances surrounding the hospitalisation required investigation.

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When Thachankary's counsel sought to withdraw the application and pleaded against further action, the judge remained firm.

The court permitted the withdrawal of the Dubai travel application but made it clear that the questions surrounding his hospitalisation would not disappear with it.

Justice Badharudeen called for medical scrutiny through a medical board and an inquiry into the circumstances of the former DGP's hospital stay.

The hearing concluded with Thachankary filing a fresh application to withdraw his earlier plea seeking modification of the conditions imposed while suspending his sentence.

However, the High Court made it clear that withdrawing the application would not put an end to the controversy.

Justice A Badharudeen observed that the inconsistencies in Thachankary's claims regarding his admission to the Central Prison required further examination and appropriate judicial orders "in the interest of justice and for keeping the rule of law intact."

The matter has now been posted for orders, with the court keeping the questions surrounding the former DGP's hospitalisation open.