The Kerala High Court has suspended the four-year prison sentence of former Director General of Police (DGP) Tomin J. Thachankary in a disproportionate assets case and granted him bail subject to specific conditions, including depositing 75% of the fine imposed by the trial court.
Justice A. Badharudeen passed the order on October 15, 2026, in Tomin J. Thachankary v. State of Kerala, Crl.M.A. No. 1 of 2026 in Crl.A. No. 1239 of 2026.
Thachankary was convicted by the Enquiry Commissioner and Special Judge, Kottayam, under Section 13(2) read with Section 13(1)(e) of the Prevention of Corruption Act, 1988. The trial court sentenced him to four years of rigorous imprisonment and imposed a fine of ₹30,84,892.
Opposing the plea, the State argued that Thachankary had failed to account for disproportionate assets amounting to ₹30,84,892.39, calculated at 52.33% of his total income.
The High Court noted that he had examined 23 defence witnesses during the trial but that the trial court had found their evidence insufficient to explain the assets. It observed, “Thus, prima facie, the finding of the learned Special Judge could not be faulted in any manner.”
Despite the State’s opposition, the Court considered the four-year sentence while deciding whether suspension could be granted. It held, “However, despite the objection raised by the State, this is a case in which the sentence imposed is only four years and in such view of the matter, the sentence can be suspended by imposing necessary conditions, in the interest of justice.”
The High Court directed Thachankary to deposit 75% of the fine, approximately ₹23.14 lakh, before securing bail. After depositing the amount, he must execute a ₹5 lakh bail bond with two solvent sureties each, to the satisfaction of the Special Court, within a further period of one week.
The Court also prohibited him from leaving India without prior permission and warned that involvement in another crime could lead to cancellation of the suspension order and bail.
Case Title: Tomin J. Thachankary v. State of Kerala
Case Number: Crl.M.A. No. 1 of 2026 in Crl.A. No. 1239 of 2026
