Lawstreet Journal

Police Shall Not Pursue In A 'Hot Chase' Two Wheeler Riders For Booking Them For Not Wearing A Helmet: Kerala HC [Read Order]

Lawstreet Journal 22 Nov 2019 2:41am

Image courtesy: Lawstreet Journal Judiciary Police Shall Not Pursue In A 'Hot Chase' Two Wheeler Riders For Booking Them For Not Wearing A Helmet: Kerala HC [Read Order]

The Kerala High Court on November 18, 2019, in the case of Muflih v. State of Kerala, has observed that the police should not pursue in a “hot chase” a two wheeler rider 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.

A Single Judge Bench of Justice Raja Vijayaraghavan V. made the observation while hearing an application filed under Section 438 of the Code of Criminal Procedure, 1973. The applicant in the case was accused of having committed an offence punishable under Sections 353, 332, 333, 324 and 326 of the Indian Penal Code, 1860.

It was the case of the prosecution that the applicant, aged 18 years, was seen riding without a helmet. In order to slap a challan, he was signalled to stop the vehicle, however, without stopping the bike the applicant intentionally proceeded forward and dashed the de facto complainant on his left leg in an attempt to escape. The motor cycle went on to hit a motor car coming from the opposite side and the rider fell on the road. It was alleged that in order to escape, the applicant accelerated the bike and dashed the officer causing serious injuries including fracture of his leg.

The applicant, on the other hand, in his bail petition contended that the officer had abruptly entered the carriageway to physically intercept the bike and as he was travelling at a speed,… Continue Reading...


Tagged: Kerala HC   kerala high court  
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