Kerala High Court says it may order medical board examination to verify Tomin Thachankary’s illnesses

A medical examination may be required to verify former DGP Tomin Thachankary’s illnesses as he did not spend a day in a jail cell during his incarceration in the disproportionate assets case, the Kerala High Court has remarked.

Justice A. Badharudeen was on Thursday considering a plea by Thachankary seeking a modification of his bail conditions to travel abroad and resume his employment in the United Arab Emirates. “We need to know whether it was an illness or a conspiracy to avoid staying in a cell,” the court orally observed.

Thachankary had sought permission to withdraw his plea; however, the court noted that there was an anomaly in the contentions raised by the petitioner and remarked that the matter required serious consideration.

“How did the prisoner, who was undergoing continuous treatment while in prison, suddenly become healthy after getting bail?” the court enquired. “He (Thachankary) might have visited a prison cell while he was serving as police chief, but not during his sentence,” the court said.

S. Rajeev, counsel for Thachankary, informed the court that the petitioner had breathing difficulties and was moved to the prison hospital so that he could be connected to a respiratory device. In response, the court asked how Thachankary would survive the pressure variations on a flight.

Emphasising that the rule of law must prevail, the court reserved orders in the plea.

The Poojappura Central Jail superintendent had previously produced Thachankary’s medical records. It was reported that Thachankary was admitted to the central prison on September 17 and remained in the Prison Hospital Block continuously till his release on bail on October 15.

Thachankary’s clinical history showed that he suffered from coronary artery disease and had undergone coronary artery bypass graft in 2009. He was also reported to have obstructive sleep apnoea, was on continuous positive airway pressure ventilation for three years, and was treated for psoriasis.