Kerala HC allows time for State to object to Thachankary’s appeal against conviction in disproportionate assets case

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The Kerala High Court has allowed the State government to file a counter in an appeal filed by former Director General of Police Tomin J. Thachankary against his conviction in the disproportionate assets case.

Justice A. Badharudeen observed that even though the provision under Code of Criminal Procedure did not provide for a written objection from the State when the sentence was below ten years, such a course of action was not prohibited in cases of “exceptional circumstances.” 

Mr. Thachankary was sentenced to four years of rigorous imprisonment and a fine of ₹30.84 lakh on September 17. The Vigilance and Anti-Corruption Bureau had filed a chargesheet before the trial court stating that  Mr. Thachankary had obtained assets worth ₹64 lakh in addition to his declared sources of income, which were allegedly 135% higher than his normal income.

Mr. Thachankary had contended in his appeal that the prosecution had miscalculated his rental income, property income, payments made by his relatives, and properties acquired by his wife and that the Vigilance court did not consider his wife's earnings from her business and agricultural properties. The appeal was filed for the suspension of sentence and would be considered again on September 24.

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