Can a former DGP whose sentence is suspended travel to the UAE for work? Ex-DGP Tomin Thachankary says so, citing 66 trial sittings attended and 75 per cent of the fine deposited, and the Kerala High Court seeks State’s response before deciding. These are the appellant’s contentions and have not been tested.
Kochi: Asked to modify the condition that keeps former Director General of Police Tomin J. Thachankary in India while his sentence in a disproportionate assets case stays suspended pending appeal, the Kerala High Court seeks State’s response and has told the prosecution to put its stand on record [Tomin J. Thachankary v. State of Kerala].
Justice A. Badharudeen, sitting singly, heard Criminal Appeal No. 1239 of 2026 on October 24, 2026, and the matter is listed again on November 2, 2026. The conviction is under appeal, and the Court has not examined the merits of the appeal at this stage.
From conviction to suspension of sentence
The case is about disproportionate assets for the period 2003 to 2007. The Enquiry Commissioner and Special Judge (Vigilance), Kottayam convicted Thachankary under Section 13(2) read with Section 13(1)(e) of the Prevention of Corruption Act, 1988 and sentenced him to four years’ imprisonment with a fine of Rs 30.84 lakh.
The trial court found about 52.33 per cent of his known income unexplained, even after giving him the benefit of every material discrepancy. He appealed to the High Court and was lodged in the Central Prison at Poojappura, Thiruvananthapuram, while the appeal and his plea for suspension of sentence were pending.
On September 22, 2026 the Court gave the State two days to file its objection to the plea for suspension of sentence, observing that there is no absolute right to object where the sentence is under ten years. It reserved the plea on September 24, and on October 15, 2026 suspended the sentence pending the appeal. The conviction stays in place until the appeal is decided.
The travel bar and the plea against it
The October 15 order that suspended his sentence bars him from leaving India without the Court’s permission, and he wants that condition modified. By his account, he has worked in the United Arab Emirates for the past three years since retiring and has to return to rejoin his work.
He states that he has complied with the other conditions, including the deposit of 75 per cent of the fine. The plea adds that he was permitted to travel during the trial, attended 66 sittings of the trial court and never misused his liberty, so that, it argues, he is not a flight risk. These are the appellant’s contentions and have not been tested.
The State first, the plea later
On Saturday the Judge sought the State’s response and indicated that its objections would have to be heard before the plea could be considered. In an oral observation, he noted that Thachankary had been granted bail only recently. The plea has not been decided.
What turns on the prosecution’s answer
A court that suspends a sentence and grants bail pending appeal may attach conditions to secure the appellant’s presence, such as a bar on leaving the country without its permission. The present plea asks for that condition to be relaxed, pointing to compliance with the other conditions and to the appellant’s record during the trial. The decision awaits the prosecution’s side, and the Court has expressed no view on the merits of the appeal, which is pending.
Case Title: Tomin J. Thachankary v. State of Kerala [Crl.A. No. 1239 of 2026]
Bench: Justice A. Badharudeen, Kerala High Court
Date of Hearing: October 24, 2026
Appearances: Senior Advocate B. Raman Pillai with Advocates S. Rajeev, M.S. Aneer, Sarath K.P., Anilkumar C.R., K.S. Kiran Krishnan, Dipa V., Akash Cherian Thomas, T.P. Aravind, Azad Sunil, Akshara S., Niveditha Rajeev and Ebee Antony for the appellant; the Public Prosecutor for the State.