Kerala HC permits State counter in Thachankary's conviction appeal
Kerala High Court allows State to file counter in former DGP Tomin J. Thachankary's appeal against his conviction in a disproportionate assets case.
The Kerala High Court has granted the State government time to file a counter in an appeal brought by former Director General of Police Tomin J. Thachankary against his conviction in a disproportionate assets case.
Justice A. Badharudeen noted that while the Code of Criminal Procedure does not require a written objection from the State when the sentence is under ten years, such a step is not barred in exceptional circumstances.
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 alleged in its chargesheet that he acquired assets worth ₹64 lakh beyond his declared income sources, which were said to be 135% higher than his normal income.
In his appeal, Thachankary contended that the prosecution had miscalculated his rental income, property income, payments made by relatives, and properties acquired by his wife. He also argued that the Vigilance court had not taken into account his wife's earnings from her business and agricultural properties.
The appeal, filed seeking suspension of sentence, is scheduled to be considered again on September 24.