Kerala High Court demands Thachankary’s prison medical records

The Kerala High Court on Monday ordered prison authorities to furnish medical records of former Director General of Police Tomin J Thachankary after questioning his request to travel abroad for employment despite citing serious illness while imprisoned.

Justice A Badharudeen directed the superintendent of Poojappura Central Jail to provide a detailed account of Thachankary’s hospitalisation during approximately four weeks in custody following his conviction in a disproportionate assets case. The matter will be heard again on November 6.

The court sought the number of days he spent in the prison hospital, the ailments for which he received treatment and the period during which he was not hospitalised. The information would help determine the factual basis of his application for permission to leave the country.

During the hearing, the judge questioned the apparent inconsistency between Thachankary’s earlier representations about his health and his present willingness to undertake employment overseas. The observations were made orally while considering an application to modify conditions attached to the suspension of his sentence.

“While in jail, he says he has so many illnesses. Now he is asking permission to go abroad to do a job. Why such contradictions?” Justice Badharudeen asked.

The judge also expressed concern that accepting apparently contradictory positions without scrutiny could undermine public confidence in the judiciary. The remarks did not amount to a finding that Thachankary had misrepresented his medical condition, and his request remains undecided.

Thachankary was sentenced by the Kottayam Vigilance Court in September to four years of rigorous imprisonment and fined approximately Rs 30.84 lakh after being convicted under the Prevention of Corruption Act. The conviction concerned assets found to be disproportionate to his known sources of income.

The High Court suspended the prison sentence on October 15 pending consideration of his appeal. It required him to execute a bail bond of Rs 5 lakh with two sureties and deposit 75 per cent of the fine. Another condition prohibited foreign travel without the court’s prior permission.

Thachankary subsequently applied for that restriction to be relaxed, saying he needed to resume employment as an operations manager with a jewellery group in Sharjah. He submitted that an extended absence could cost him his position and affect his livelihood.

His application also stated that he was a partner in a Dubai-based information technology consultancy. He furnished proposed travel and accommodation details for periods extending from October 2026 into March 2027, seeking permission to stay in the UAE while fulfilling professional commitments.

The former police chief maintained that he had complied with the conditions imposed when his sentence was suspended. He argued that he was not likely to abscond and pointed to his attendance before the trial court while working abroad during earlier stages of the proceedings.

He further contended that his right to travel was part of the personal liberty protected by Article 21 of the Constitution. That argument forms part of his application and does not override the requirement to obtain permission under the existing bail order.

The court had previously sought the prosecution’s response to his request rather than immediately lifting the travel restriction. Monday’s direction for prison records adds a specific evidentiary requirement before the application is considered further.

The underlying vigilance prosecution arose from allegations that Thachankary acquired property beyond his lawful income. The trial court determined that assets worth about Rs 30.84 lakh were disproportionate to his known income during the period from 2003 to 2007.

Thachankary has challenged the conviction, disputing the assessment of evidence and the calculations used to establish the alleged disproportion. His appeal is pending, and suspension of the sentence does not set aside the trial court’s finding of guilt.

The prison superintendent’s report is expected to distinguish actual hospital admissions from other days in custody and identify the illnesses treated. Those particulars are directly relevant to the questions raised at Monday’s hearing, although the court has yet to determine what weight they should carry.

The application concerns permission for overseas employment rather than a fresh bail request or determination of his appeal.

The next hearing is scheduled for Friday, November 6, when the court is due to consider the requested modification in light of the information supplied by the prison authorities.