The Kerala High Court on Thursday suspended the sentence awarded to former DGP Tomin J. Thachankary and granted him bail in a disproportionate assets case.
Justice A. Badharudeen issued the order on a petition filed by Thachankary challenging the order of the Enquiry Commissioner and Special Judge (Vigilance), who sentenced him to four years’ rigorous imprisonment and imposed a fine of nearly Rs 31 lakh in a disproportionate assets case that dates back to the 2003 to 2007 period.
Thachankary was sent to jail on September 17 after being sentenced to four years of rigorous imprisonment by the Kottayam Vigilance Court in a disproportionate assets case.
The petitioner argued that the trial court, by grossly misappreciating the evidence on record and relying merely on incorrect calculations made by the investigating officers, found him guilty of the offence. He contended that the trial court also failed to consider his wife's income, causing serious prejudice to the accused.
The trial court, he argued, failed to consider the fact that his wife had substantial earnings from her business and agricultural properties. Her bank statements showed significant credits and debits, including cash withdrawals, he submitted.
The landed property owned by his wife was also sold during the check period for several crores of rupees, but the proceeds from the sale were not taken into consideration, the petitioner contended.
According to the prosecution, the accused, while working as an Inspector General of Police and being a public servant, acquired assets and pecuniary resources disproportionate to his known sources of income during the period from January 1, 2003, to July 4, 2007.
As of July 4, 2007, the accused was allegedly in possession of pecuniary resources and properties worth Rs 64.70 lakh that were disproportionate to his known sources of income and for which he could not satisfactorily account.
The prosecution had alleged that the accused, by abusing his official position as a public servant, acquired assets disproportionate to his known sources of income to the extent of Rs 64.70 lakh.
