P.E.THOMAS Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner, Rev.Dr.P.E Thomas, aged 75 years, a native of Ulloor in Medical College Post Office, Thiruvananthapuram is the accused in C.C.No. 687/2020 pending before the Additional Chief Judicial Magistrate's Court, Thiruvananthapuram, which is based on the final report in Crime No. 2122/2019 of Medical College police station. The petitioner contends that he is having a savings bank account in State Bank of India, Medical College, Thiruvananthapuram. On 9/9/2019, he had a balance amount of Rs.21,47,199.00 in credit. That day he had gone to the bank for remitting an amount of Rs.14,935.00 in the SB account. Thus that day the total amount in credit was Rs.21,62,134.00. According to the petitioner, that day, after depositing the cash in the counter, he was waiting at the area meant for customers for getting back the passbook. At that time he was reading Mathrubhoomi daily lying on the sofa. His hand touched on a mobile phone that was lying on the side of the newspaper. He took the newspaper and gone through it. Within a short time, he got back the bank passbook after making entries and he went out of the bank. He did not even look into the mobile phone, which was lying on the sofa. There were other customers also waiting for transactions at the counter of the bank and he believed that the mobile phone was kept by some of the customers. After finishing the transaction, when he went to the side of the road, one of the bank employees with the help of others blocked him and took him to the bank counter. His hands, bag, pockets of the pant and shirt were examined; he was asked to give back the mobile phone. The bank employees could not find any mobile phone from him. He repeatedly told them that he has not taken the mobile phone. He told them that he is an honest customer of the bank. But ignoring all bonafide reply of the petitioner, they informed the Medical College police, stating that he had stolen the mobile phone. The police came there immediately, took the petitioner to the police station, questioned him and conducted body search. But they could not find out the mobile phone. On 9/9/2019 at 02:00 p.m, he was arrested and put in the lock up and on 10/9/2019 at 06:45 p.m, he was produced before the residence of the Magistrate and was remanded. Later the charge sheet was laid before the Additional Chief Judicial Magistrate's Court.

(2.) According to the petitioner, he was working in the Finance department under the Government of India and retired as Additional Secretary on voluntary retirement, opting CPF. After retirement, he is living peacefully and decently without disturbing anybody. Occasionally he is working as Booth Level Officer under the Election Commission of India. He is an ordained pastor in the church of North India, New Delhi. He is also under treatment in Government Medical College Hospital, Thiruvananthapuram. Earlier he had moved this Court with Crl.M.C.No.7216/2019 for quashing the proceedings, but the Court directed the police to file the final report within a period of 4-5 months. Thus the final report has been filed. According to the petitioner, he is totally innocent, he has been falsely implicated in the crime. No recovery has been effected from him. The C.C.T.V footage in the alleged place of occurrence does not show that the petitioner was carrying the alleged mobile phone in the hands or any where in the body or in his dress. The C.C.T.V footage was wrongly created by the bank employees with the help of police in order to harass the petitioner. He does not have criminal antecedents, he is a senior citizen having many health issues and is leading a peaceful life. He is under medical treatment for his illness in Medical College Hospital. He is a genuine bank customer. On that day, he had gone there for genuine bank transaction. On these considerations, proceedings against him before the Chief Judicial Magistrate's Court are sough to be quashed.

(3.) I heard the petitioner who appeared in person and also the learned Senior Public Prosecutor.