Former Kerala DGP Tomin J Thachankary sentenced to 4 years rigorous imprisonment and fined over Rs. 30 lakh under Prevention of Corruption Act; sentence suspended pending appeal on condition of 75% fine deposit and strict bail terms.
In a significant judgment delivered on October 15, 2026, the Kerala High Court has suspended the sentence of Tomin J Thachankary, a former Director General of Police (DGP) of Kerala, who was convicted for possessing disproportionate assets under the Prevention of Corruption Act, 1988. The Special Judge at Kottayam had earlier sentenced Thachankary to rigorous imprisonment for four years along with a fine of Rs. 30,84,892 for offences punishable under Section 13(2) read with Section 13(1)(e) of the Act.
The conviction arose from findings that Thachankary had amassed assets disproportionate to his known sources of income, amounting to approximately Rs. 30.84 lakh, which constituted 52.33% of his declared income during the investigation period. Despite the appellant's extensive defence, including examination of 23 witnesses, the Special Judge concluded that the evidence was insufficient to account for this surplus wealth.
Upon appeal, the Kerala High Court bench led by Justice A. Badharudeen examined the case in detail. While affirming the prima facie correctness of the trial court's findings on disproportionate assets, the High Court considered the relatively moderate sentence of four years and, in the interest of justice, ordered suspension of the sentence pending the appeal's final disposal.
However, the Court emphasized strict compliance with Section 16 of the Prevention of Corruption Act, which mandates that in cases involving fines under Section 13, the court should take into account the pecuniary resources or property that the accused cannot satisfactorily explain. Accordingly, the High Court mandated that Thachankary must first deposit 75% of the fine amount imposed by the trial court before being eligible for bail.
Further, the Court imposed rigorous conditions on the appellant's bail, including execution of a bail bond for Rs. 5,00,000 with two solvent sureties, prohibition on involvement in any other crimes, and restriction on leaving India without prior permission from the Court. The Court explicitly stated that bail shall not be granted unless the 75% fine deposit condition is fulfilled.
The State of Kerala had opposed suspension of the sentence, highlighting the appellant's high-ranking position and the gravity of the offence. Nonetheless, the High Court balanced the interests of justice by granting conditional relief while safeguarding the State's interest through stringent conditions.
This judgment underscores the judiciary's approach to balancing the need for accountability in corruption cases involving public officials with the rights of the accused pending appeal. The Court's adherence to statutory mandates, especially Section 16 of the Prevention of Corruption Act, reflects a commitment to ensure that fines imposed correspond to the unaccounted pecuniary benefits.
Bottom Line:
Prevention of Corruption Act - Suspension of sentence pending appeal - Conviction under Section 13(2) read with Section 13(1)(e) of the Prevention of Corruption Act - Though prima facie trial court finding regarding disproportionate assets could not be faulted, sentence of four years suspended in interest of justice - Release on bail made conditional upon prior deposit of 75% of fine amount, keeping in view mandate of Section 16 of the Act.
Statutory provision(s):
Prevention of Corruption Act, 1988 Sections 13(1)(e), 13(2), 16
Tomin J Thachankary v. State of Kerala, (Kerala) : Law Finder Doc Id # 2998051
