Kochi, Oct 15 The Kerala High Court on Thursday suspended the sentence of former DGP Tomin J Thachankary who was convicted in a disproportionate assets case.
Justice A Badharudeen granted the relief to the former officer who was sentenced by a vigilance court to four years’ rigorous imprisonment and fined Rs 30.84 lakh.
While granting the relief, the court noted that the former DGP “could not produce materials and documents to account for the wealth, he was alleged to have amassed disproportionate to his known sources of income, before the Investigating Officer.
“Thus, prima facie, the finding of the Special Judge could not be faulted in any manner. 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 said.
It directed Thachankary to first deposit 75 per cent of fine amount imposed by the Special Court and after that, to execute a bail bond for Rs five lakh with two solvent sureties each within a further period of one week.
“The petitioner/appellant/accused (Thachankary) shall not involve in any other crimes and any such involvement if reported or came to the knowledge of this court, the same is a reason to cancel this order suspending sentence and consequential cancellation of bail hereby granted.
“The petitioner/appellant/accused shall not leave India without prior permission of this court,” the High Court said.
The High Court made it clear that the bail bond shall not be allowed to be executed and the appellant shall not be released on bail without depositing 75 per cent of the fine amount.
The order came on Thachankary’s appeal in which he has said that the FIR registered by the Vigilance and Anti-Corruption Bureau initially covered assets allegedly amassed between January 1, 2003, and March 1, 2005, and was subsequently extended to July 4, 2007.
Searches were conducted at various premises on July 4, 2007, and documents were seized, the petition said.
After the investigation, a final report was filed, and the case was subsequently transferred between Vigilance courts before being taken up by the Vigilance Court in Kottayam in 2020.
The petition has said the state government subsequently ordered a further investigation after Thachankary complained that several items of income belonging to him had not been considered and that there were errors in the calculations made by the investigating officer.
The High Court had later quashed the government’s order for further investigation, holding that the government could not order such a probe.
However, it permitted the investigating agency to use evidence collected during the further investigation, the appeal has said.
Thachankary has alleged in his petition that none of those documents were produced before the trial court despite his application under Rule 19(4) of the Kerala Criminal Rules of Practice.
He has said he had denied the incriminating circumstances when questioned under Section 313 of the CrPC during the trial and had submitted a further statement explaining what he claimed were errors in the calculations and the circumstances in which he was falsely implicated.
Thachankary has contended in the appeal that the conviction is unsustainable and illegal, alleging gross misappreciation of the evidence and reliance on erroneous calculations made by the investigating officers.
(PTI News)
