The Kerala High Court had observed that the cases of Road Rage were increasing everyday and there was no expressed provision to make the offence punishable. It should be looked by the law makers and framed the rules accordingly.
It is pertinent to note that as on date there is no specific provision under the Motor Vehicles Act or the penal statues which makes "road rage" a punishable offence. This is an aspect which should engage the attention of the law makers, particularly in view of the increase in the number of road rage incidents in the country.
The above observation was made by the Single-judge bench of Kerala High Court, comprising of the Justice V. G. Arun in the Bail application filed before the Court.
Factual Background
The Petitioner was a truck driver who was passing through the highway adjacent to the Kerala High Court. A vehicle was parked on the side of the road written Kerala High Court on it, by the driver to bought a water bottle. Meanwhile, the defendant asked the driver to aside the vehicle which the petitioner refused to do so and said that he will do that after buying the water bottle.
Enraged by which the petitioner slammed the vehicle. A bail application was made before the Jurisdictional Magistrate Court which was dismissed. Therefore this application was made before the High Court.
Contention of the Petitioner
The Counsel on the behalf of Petitioner submitted that the said incident had occurred on the spur of the moment and was not premeditated as alleged by the prosecution. It is submitted that the petitioner is willing to deposit the amount due towards the damage assessed.
He further submitted that the petitioner is a law abiding citizen without any criminal antecedents and was prepared to abide by any stringent condition that may be imposed.
Arguments of the Respondent
The Counsel on the behalf of Respondent submitted that it was the arrogance behaviour on the part of the petitioner, who had intentionally slammed the vehicle belonging to the High Court, even after the driver telling him that the vehicle will be moved immediately.
Court Reasoning & Judgment
The Court made a view that other countries had made road rage as an punishable offence like many countries like Australia, Germany and Singapore have made "road rage" a punishable offence.
The Court also made a statement to attract the minds of the lawmakers as it is pertinent to note that as on date there is no specific provision under the Motor Vehicles Act or the penal statues which makes "road rage" a punishable offence. This is an aspect which should engage the attention of the law makers, particularly in view of the increase in the number of road rage incidents in the country.
The Court held certain conditions which were as follows:
(i) The petitioner shall execute a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties for the like sum to the satisfaction of the court below;
(ii) The petitioner shall deposit an amount of Rs.1,50,000/-( Rupees One Lakh Fifty Thousand Only), which has been assessed as the loss due to the damage sustained by the vehicle;
(iii) The petitioner shall appear before the Investigating Officer on the second Saturday of every month for a period of three months or till final report is filed, whichever is earlier;
(iv) The petitioner shall surrender his driving licence in the court below for a period of three months;
(v) The petitioner shall not intimidate or attempt to influence the witnesses. The petitioner shall not commit any similar offence while he is on bail; &
(vi) The petitioner shall surrender his passport.
Case Details
Case: Bail Appl..No.2319 OF 2021
Petitioner: SUNNY THOMAS
Respondent: STATE OF KERALA & ORS
Counsel for the Petitioner: SRI.BIJO FRANCIS
Counsel for the Respondent: PUBLIC PROSECUTOR
Quorum: JUSTICE V.G.ARUN
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