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MUFLIH VS. STATE OF KERALA, Bail Application No.7883 of 2019 CRIME NO.130/2019 – November 18, 2019

The Hon’ble Justice RAJA VIJAYARAGHAVAN V. of Kerala High Court pronounced the order pertaining to the issue of bail to a person who commits the offense of rash driving and other consequent effects.  It also gave way to use modern technology like usage of traffic surveillance cameras, as mentioned in the circular issued by the state police chief in the year 2012 to detect the traffic offences and transmitting such vehicles registration number through wireless.

The issues considered by the Honorable High Court is whether The applicant shall be released on bail on his executing a bond?

The court considered the facts of the case in a subjective manner and The objective is not to catch people by surprise but to educate the people in safety habits. If the Rules permit, barricades can also be placed to slow down the vehicles. For carrying out routine checks to curb traffic offences, the Motor Vehicles Inspector or the Police Officers will be well advised to carry out the checks in pre-announced and well-marked fixed points as stated in the Circular No.6/2012 dated 28.03.2012 issued by the State Police Chief.

Whatever happens, the officers are not expected to make an attempt to physically stop vehicles by jumping on to the middle of the road expecting the driver of the offending vehicle to stop. Under no circumstances shall a two wheeler rider be pursued in a “hot chase” for booking him for not wearing a helmet as this is likely to put the life of the officer and the traffic offender to peril. Several lives have been lost by these adventurous acts and it is high time that remedial measures are taken.

The Motor Vehicles (Driving) Regulations, 2017, which replaced the Road Regulations, 1989, has given the manner in which vehicles are to be stopped by a Police officer in uniform or an authorized officer of the State Government. Rule 24 of the Driving Regulations is illuminating.  It speaks about mandatory orders.

For the above case, the Hon’ble high court of Kerala granted bail to the appellant with a few conditions.

Execute a bond for Rs.50,000 with two solvent sureties each be held liable to pay

Presence of applicant is must before the investigating officer on all Saturdays between 9 a.m. and 11 a.m.for a period of 2 months

Not attempt to influence any of the witness

Shall not commit any similar offence at the bail period

(if there is any violation in the above-said conditions the court has its full discretion to cancel the bail order and pass appropriate orders binding the law.)

The court observed that police shall not hot chase two-wheeler riders who don’t wear helmets but shall use the modern technologies to stop or to find the person committing. And the application for bail is granted.

View/Download Order: Muflih v. State of Kerala

Akshayan K.S



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