Kerala High Court allows former DGP Tomin Thachankary to travel abroad for employment, modifying bail conditions

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Published 2 November 2026

Case: Tomin J. Thachankary v. State of Kerala
Court: High Court of Kerala
Bench: Justice K. Babu
Citation: 2024:KLHC:4049
Decided: 24 May 2024
Statutes: Code of Criminal Procedure, 1973 — s.482
Source: Bar & Bench

Bottom Line Up Front (BLUF)

In Tomin J. Thachankary v. State of Kerala, the Kerala High Court (Justice K. Babu) on 2024-05-24 allowed former DGP Tomin Thachankary to travel abroad for employment, modifying his bail conditions under Section 482 of the Code of Criminal Procedure, 1973. The Court noted that the petitioner, previously granted bail due to illness, now sought to pursue a job opportunity abroad.

Ratio Decidendi · Legal Principle Established

The High Court can modify bail conditions under Section 482 CrPC to allow an accused to travel abroad for employment, especially when the initial bail was granted on health grounds and the accused now seeks to pursue a legitimate job opportunity, provided adequate safeguards are in place to ensure their return.

Practice & Procedural Impact for Advocates

Advocates can seek modification of bail conditions under Section 482 CrPC for clients needing to travel abroad for employment, even if initial bail was for other reasons. Litigants must provide concrete proof of job offers and be prepared to furnish additional security or sureties to ensure compliance with modified conditions.

Key Legal Takeaways

1Bail conditions can be modified under Section 482 CrPC.
2Courts consider legitimate employment opportunities abroad as grounds for modifying travel restrictions.
3Adequate safeguards, such as additional security or sureties, may be required for such modifications.

The Legal Issue Former Director General of Police (DGP) Tomin J. Thachankary, who was previously granted bail in a criminal case on health grounds, sought permission from the Kerala High Court to travel abroad for employment. The petitioner had been granted bail by the Special Judge (SPE/CBI)-III, Ernakulam, with a condition restricting his travel outside India without prior permission. He now presented a job offer from a company in the United Arab Emirates and requested a modification of his bail conditions to allow him to take up this employment.

Court's Reasoning The Kerala High Court, presided over by Justice K. Babu, considered the application for modification of bail conditions. The Court noted that the petitioner had initially been granted bail due to his illness. Now, with a legitimate offer of employment abroad, the Court found it appropriate to consider his request. The Court exercised its inherent powers under Section 482 of the Code of Criminal Procedure, 1973, to modify the conditions of bail. The modification was granted subject to certain conditions to ensure the petitioner's return and continued cooperation with the legal process.

What Follows The Kerala High Court allowed Tomin J. Thachankary to travel abroad for employment. The Court directed that the petitioner shall execute an additional bond for ₹2,00,000 with two solvent sureties for the like amount. He is also required to provide his travel itinerary and contact details to the Special Judge (SPE/CBI)-III, Ernakulam, before his departure. The Special Judge is further directed to ensure that the petitioner returns to India as per the terms of his modified bail and appears for all future proceedings.