The Kerala HC in, SUNNY THOMAS v. STATE OF KERALA, while granting bail to a person remarked that road rage there is no specific provision under the Motor Vehicles Act or the penal statutes which makes 'road rage' a punishable offence, and this must engage the attention of lawmakers.
Facts
The petitioner was for the offense under Section 3(1) of the Prevention of Damage to Public Property Act, 1984. The petitioner in a moment of rage straight away slammed his truck against a car of High Court. Petitioner had earlier approached the magistrate but his application was dismissed while reliance was made on Hemanth Kumar and others v. Sub Inspector of Police to hold that a rigorous approach ought to be taken when the offense alleged is under the PDPP Act. Therefore he approached the High Court.
Contention of Petitioners
It was contended that the petitioner has been in custody from 4.03.2021 onwards and that the incident had occurred on the spur of the moment and was not premeditated as alleged by the prosecution. It was stated that the petitioner was a law-abiding citizen of the country.
Contention of Prosecution
The petitioner opposed the application by stating that it was sheer arrogance on the part of the petitioner to have intentionally slammed against the vehicle belonging to the High Court.
Court’s Observation
The Court stated that in the past as well they have heard a plethora of cases pertaining to road rage in the state. The court also remarked that countries like Australia, Germany, and Singapore have made 'road rage' a punishable offense. Any person who engages in a course of conduct that causes or threatens an impact involving damage to another vehicle is guilty of road rage. Although the Motor Vehicle regulation talks about driving with due care but in India there is no law pertaining to road rage. This fact, the court said, must attract the attention of lawmakers. While stating this, the court asked the petitioner to pay a certain amount equal to the damage attained. The Court also granted bail to the person by stating that no purpose would be served by continuing his incarceration.
Case Details
Bail Appl..No.2319 OF 2021
Coram- J. V.G ARUN
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