‘Thachankary has not even seen a jail cell’: Kerala HC suspects conspiracy behind former DGP’s hospital stay

The Kerala High Court on Thursday, November 12, expressed suspicion that there could have been a conspiracy to ensure that former Director General of Police (DGP) Tomin J Thachankary did not spend even a day in a prison cell after being convicted in a disproportionate assets case. The court said it was considering ordering a medical examination by a Medical Board to ascertain whether his hospitalisation during his prison term was genuine.

Justice A Badharudeen made the oral observations while hearing Thachankary's plea seeking modification of his bail conditions to travel abroad and resume his employment in the United Arab Emirates (UAE). Thachankary, however, sought permission to withdraw the application.

The court said withdrawing the plea would not prevent it from examining the circumstances surrounding his hospitalisation in prison.

" Even if you withdraw, I won't leave you. I may order his examination by a Medical Board to ascertain what his illness is," the court orally observed, as reported by LiveLaw. 

Questioning why Thachankary had not spent any time in a prison cell despite his conviction, the court suggested that the circumstances of his hospitalisation warranted investigation.

"He has not even seen the cell. He must have seen the cell while inspecting DGP," Justice Badharudeen remarked.

The judge further said that if prison doctors and officials had extended special consideration to Thachankary, it could amount to a conspiracy, warranting an investigation into the role of those involved.

"Whether he was put in the jail hospital for any disease or the same is a conspiracy and for which whether the doctor therein is involved. Who are the persons involved? Jail Superintendent, or any other persons in the Police involved. That are all matters to be investigated," the court said.

Thachankary's counsel S Rajeev had earlier submitted that his client suffered from breathing difficulties and was shifted to the prison hospital to receive respiratory support. The court questioned how he would withstand pressure variations during a flight if his respiratory condition was serious enough to require such support.

The court had also questioned the apparent difference between his health condition in prison and after securing bail, asking how a prisoner who was undergoing continuous treatment could suddenly become fit enough to travel abroad and resume work.

The court had earlier directed the Poojappura Central Jail superintendent to submit details of the period Thachankary spent in hospital during his custody. The records showed that he was admitted to the central prison on September 17 and remained in the Prison Hospital Block until his release on bail on October 15.

After examining the records, the court said that a detailed consideration was necessary to determine whether his hospitalisation was genuine or an attempt to avoid staying in a prison cell.

Thachankary's medical history records coronary artery disease, for which he underwent coronary artery bypass graft surgery in 2009. He was also reported to have obstructive sleep apnoea and to have used continuous positive airway pressure (CPAP) ventilation for three years. He was also being treated for psoriasis.

Thachankary was convicted in a disproportionate assets case and sentenced to four years of imprisonment and a fine of Rs 30.8 lakh. The Kerala High Court subsequently suspended his sentence and granted him bail, four weeks after the conviction.

One of the conditions imposed while granting bail was that he should not leave India. He later approached the High Court seeking relaxation of this condition to travel abroad and rejoin his employment in the UAE.

The court reserved its verdict on the plea on Thursday.