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Wednesday, September 30, 2015

HOW DARE AND DEAR THE POLICE IS ?

Chittur Church in Ernakulam district is the venue.
Cheranellur Police of the same district is in the Key role.
The three youth were travelling in a single bike after the church ceremonies. Obviously, riding with three persons in a bike is an offence and the driver of the vehicle is liable to be punished for taking more capacity than the permitted number.
BUT how come the pillion riders liable for the same offence.
Perhaps due to the pressure for petty spree, the police found it as two bonus cases. When the youth then and there questioned it, how the petty case is charged all against them, the officer said, it is a new law and they all booked and taken to police station. Later released on bail.
The youth got summons from the Judicial Magistrate Court to answer the charges of offences under section 118(e) of Kerala Police Act, sections 132(1) r/w 179 and 188 of Motor Vehicles Act.
The section 118 (e) is for an offence causing danger to public.The section 188 is for abetment of offence. But for attracting abetment of offence in Motor Vehicles Act, offences under section 184,185 and 186 ought to have been charged. Admittedly, there is no such offences against the trio.
When the matter came in High Court of Kerala, as Criminal Misc. case, challenging the action of police, the Court opined, "it is not known how a prosecution is possible against the pillion riders for the offence of rash and negligent driving".?
The High Court in Crl MC No. 4492/2015 vide judgment dated 19.8.2015 quashed the charges against the pillion riders and also the charge of abetment against the rider.  Crime No. 262/2015 of Cheranellur Police, CC 62/2015 of JFMC IX Ernakulam.


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