[MV Act, 1988] Kerala Court convicts man permitting his juvenile brother to ride motorcycle

A Kerala Court recently imposed a fine to the tune of Rs. 34,000 on an accused for permitting his juvenile brother to take a motorcycle ride from Aluva to Patteripuram.

Additional Chief Judicial Magistrate, Naina KV, while convicting the accused under section 248(2) of the Criminal Procedure Code, 1973, issued directions for payment of fine to the tune of Rs. 25,000 and undergo simple imprisonment till the raising of the court.

An amount of Rs. 5,000 was further ordered to be paid as a fine under section 5 r/w. section 180 of the Motor Vehicles Act, 1988.

For violation of Section 192(1), an amount of Rs. 2000 and for the offence under section 128 r/w. 194(c) of the 1988 Act, an amount of Rs. 1000 was further added by the Court.

A fine of Rs. 500 was assessed for each of the offences punishable under CMVR R.102(1) r/w 177 of the Motor Vehicles Act, 1988, CMVR R 125(2) r/w 177 of the Motor Vehicles Act, 1988.

Brief Background

The present complaint was filed by the Assistant Motor Vehicles Inspector, Regional Transport Office, Kakkanad in MV Case No. 161 of 2023 alleging the commission of offences punishable under ss. 5 r/w 180, 199A, 39 r/w 192(1), 128(2) r/w CMVR R. 123 r/w 194C, CMVR R. 102(1) r/w 177, CMVR R 125(2) r/w 177 of Motor Vehicles Act, 1988.

The allegations in the complaint were that the brother of the accused, who had not attained majority, rode the motorcycle owned by the accused along the pipeline road from Aluva to Patteripuram on 27.04.2023.

It was further alleged that the juvenile rode the motorcycle with the consent and knowledge of the accused.

Case Title: State v. Roshan Shiju | CC No. 51 of 2023