Police Shall Not 'Hot Chase' Two Wheeler Riders Who Don't Wear Helmets: Kerala HC [Read Order]

The Kerala High Court has observed that a two wheeler rider should not be chased by the Police for booking him for not wearing a helmet.

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, said Justice Raja Vijayaraghavan V. while considering a bail application.

Muflih was accused of dashing down a police officer who had signaled him to stop the vehicle as he was not wearing the helmet. In his bail petition, he contended that the officer had abruptly entered the carriageway to physically intercept the bike and as he was travelling at a speed, he impulsively swerved to the right after hitting the de facto complainant and crashed into the car.

While allowing the bail, the Court criticized the use of antiquated methods by the Motor Vehicles Department and the Police for detecting Traffic Offences. The Court noted that the Motor Vehicles (Driving) Regulations, 2017, specifically provide for stopping a vehicle by using signaling devices and not by physically obstructing the passage of vehicles. The judge observed:

"It is high time that equipment like digital camera, traffic surveillance camera, mobile phone cameras over even hand held video cameras are used by police officers as well as other officers to detect traffic offences. If such methods are used, there will be fool proof evidence to initiate legal action against the offender. If a person drives past at breakneck speed without wearing a helmet or if he does not stop a vehicle on being signalled, the registration number can be recorded and the details of the vehicle can be transmitted through wireless or any other mode and he can very well be intercepted. If the Rules permit, barricades can also be placed to slow down the vehicles. or 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. The objective is not to catch people by surprise but to educate the people in safety habits."

The Court further said:

"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." 

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