It is really a matter of great relief for all those who suffer due to road rage incidents that the Kerala High Court has now on 22 March 2021 finally decided to take the call in a latest, landmark, laudable and learned judgment titled Sunny Thomas vs State of Kerala in Bail Appl. No. 2319 of 2021 wherein it has while allowing bail to a person accused of ramming his truck into a vehicle belonging to the Kerala High Court has minced just no words to observe categorically that India did not yet have legal provisions penalizing 'road rage'. This is really tragic and must be immediately taken note of by the law makers and necessary amendments made in this direction to address the glaring loophole! In his bail order, Justice VG Arun very rightly takes note of the absence of law in this respect, either under the Motor Vehicles Act or penal legislation. No doubt, Justice VG Arun is hundred percent right when he opines commendably that:
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."
To start with, the ball is set rolling in para 1 of this brief, brilliant, bold, blunt and balanced judgment authored by Justice VG Arun wherein it is put forth that:
Petitioner is the accused in Crime No. 98 of 2021 registered at the Peechi Police Station for the offence under Section 3(1) of the Prevention of Damage to Public Property Act, 1984. The petitioner is alleged to have intentionally slammed his vehicle, a truck bearing registration No.KL-08 AN 5875, on the Innova car belonging to the High Court of Kerala, parked by the side of the National Highway at Vaniyampara, at about 2.10 p.m on 04.03.2021. According to the prosecution, the driver of the car had parked the vehicle and had gone to the nearby shop for purchasing a bottle of water. At that time, the petitioner reached the spot in his vehicle and on finding the car blocking the access to his shop, demanded to move the vehicle immediately. The driver of the car replied that he will move the vehicle after purchasing the bottle of water. The petitioner got enraged by the answer and straight away slammed his truck against the car, shouting out that no one need be under the impression that the board with 'High Court' written in red letters, gives him the right to do any mischief. The incident resulted in the High Court's vehicle sustaining extensive damage and the petitioner being arrested by the police."
It would be pertinent to mention here that it is then pointed out in para 2 that:
Even though the petitioner moved an application before the jurisdictional magistrate court, the same was dismissed vide Annexure A2 order. The learned Magistrate found the petitioner to have slammed his vehicle intentionally and placed reliance on the decision in Hemanth Kumar and others v. Sub Inspector of Police and another [2011 (4) KHC 89] and in Hemachandran M.T.@ Kamalesh and others v. Sub Inspector of Police and another [2011 (4) KHC 689] to hold that a rigorous approach ought to be taken when the offence alleged is under the PDPP Act."
On the one hand, it is then pointed out in para 3 that:
Learned counsel for the petitioner submits 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 is submitted that the petitioner is willing to deposit the amount due towards the damage assessed. According to the learned Counsel, the petitioner is a law abiding citizen without any criminal antecedents and is prepared to abide by any stringent condition that may be imposed."
On the other hand, it is then stated in para 4 that:
Learned Public Prosecutor opposes the application and submits that it was sheer arrogance on the part of the petitioner to have intentionally slammed against the vehicle belonging to the High Court, even after the driver telling him that the vehicle will be moved immediately."
Most significantly and also most remarkably what must attract the supreme attention of our lawmakers and what remains on everyone's lips is then articulated most elegantly, effectively and eloquently in para 5 wherein it is put forth that:
Sitting in this jurisdiction, one comes across various instances of road rage, violence and assaults on the roads, putting the drivers and passengers of vehicles at risk. Many countries like Australia, Germany and Singapore have made 'road rage' a punishable offence. 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.
Regulation 5 (1) & (2) of the Motor Vehicles (Driving) Regulations, 2017, require every driver to drive the vehicle with due care and caution at all times and to ensure that he is in control of his physical and mental abilities while driving. Section 19 of the Motor Vehicles Act provides for disqualifying a person from holding driving licence or to revoke the licence if such person has, by his previous conduct as the driver of a motor vehicle, shown that his driving is likely to be attended with danger to the public. 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."
Bluntly put: Why our law makers are sitting pretty on such a serious issue? Why can't they act promptly? What stops them from doing so? Why don't they take note of the most unpalatable fact that India has maximum road accidents and maximum deaths due to road accidents? Why instead we keep seeing them debate endlessly on futile topics and not on this? Is it not a matter of grave concern? Should our law makers not work on this as most commendably, courageously and cogently suggested in this laudable case by the Kerala High Court? It is high time that they do some serious and honest introspection on this and take a bold stand on it which is the crying need of the hour also!
Anyway, coming back to this present case, the Single Judge Bench of Justice VG Arun then very aptly holds in the last para 6 that:
The petitioner has been in custody from 4.03.2021 onwards and no purpose will be served by continuing his incarceration. At the same time, having committed an offence under the Prevention of Damage to Public Property Act, the petitioner is liable to deposit an amount equivalent to the damage assessed.
In the result, the bail application is allowed subject to the following conditions:
- 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
- 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.
- 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.
- The petitioner shall surrender his driving licence in the court below for a period of three months.
- The petitioner shall not intimidate or attempt to influence the witnesses.
- The petitioner shall not commit any similar offence while he is on bail.
- The petitioner shall surrender his passport in the court below or file affidavit if he does not have a passport.
In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation of bail and pass appropriate orders thereon."
To sum it up: Much ink has been spilt by eminent writers, lawyers and many other prominent personalities from time to time on the dire need to penalize road rage but to no avail! Now that none other than the Kerala High Court in this very case has once again reiterated what many eminent persons from different fields have demanded earlier time and again that road rage must be penalized, we see no reason why the same should not be promptly done now at the earliest! It goes without saying that one can only expect that at least now our law makers shed of their age old lethargy in this direction and act meaningfully in this direction as very rightly directed by the single Judge Bench of Justice VG Arun of Kerala High Court in this latest, leading and laudable case! It brooks no more delay! Not anymore now! There can be certainly no denying or disputing it!
Sanjeev Sirohi, Advocate,
s/o Col BPS Sirohi, A 82, Defence Enclave,
Sardhana Road, Kankerkhera, Meerut – 250001, Uttar Pradesh
