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2023 Supreme(Online)(KER) 858

HIGH COURT OF KERALA
Murali Purushothaman, J
KARTHIK KAYARAT – Appellant
Versus
REGIONAL PASSPORT OFFICER – Respondent
WP(C) 42337/2023



Advocates:
GOVIND R.

The court established that even with a pending criminal case, a Police Clearance Certificate should be issued if bail conditions allow for travel.

Headnote:

Police Clearance - Anticipatory Bail - Siju Case - Issuance and Conditions - Police Clearance Certificate must be considered expeditiously.

Fact of the Case:

The petitioner, holding an Indian passport, is an accused in a pending criminal case and has been granted anticipatory bail. He applied for a Police Clearance Certificate to travel to Kuwait for employment, but the application was not processed.

Finding of the Court:

The court directed the 1st respondent to consider the petitioner's application for a Police Clearance Certificate considering the legal precedent set in the Siju case, mandating issuance within 10 days.

Issues: Whether the petitioner is entitled to a Police Clearance Certificate despite a pending criminal case and how the previous court ruling impacts this scenario.

Ratio Decidendi: The court emphasized the right to travel and the necessity of providing the Police Clearance Certificate while noting the pending criminal case, thus balancing legal rights and obligations.

Final Decision: The writ petition is disposed of granting direction to issue Police Clearance Certificate within 10 days.

JUDGMENT

The petitioner holds an Indian Passport bearing No.

W8853139. The petitioner is an accused in Crime No. 18/2019 of Ottappalam Police Station and he has been granted anticipatory bail. The said case is pending trial as C.P. No. 21/2020 before the Judicial First Class Magistrate Court-I, Ottappalam. The said Court has passed Ext. P2 order permitting the petitioner to go abroad for a period of three years on conditions stated therein. The petitioner has got a job offer from Kuwait and he has applied for Police Clearance Certificate vide Ext. P6. However, the 1st respondent has not passed any orders thereon. Accordingly, the writ petition is filed for a direction to the 1st respondent to dispose of Ext. P6 application and to issue Police Clearance Certificate to the petitioner.

2. Heard the learned counsel for the petitioner, learned DSGI for the 1st respondent and the learned Government Pleader.

In the facts and circumstances of the case, there will be a direction to the 1st respondent to consider Ext. P6 application in the light of the decision of this Court in Siju v. Regional Passport Officer [2021 SCC OnLine Ker 9667], and to issue Police Clearance Certificate endorsing that there is a criminal case pending against the petitioner and that he has been granted permission to go abroad as per Ext. P2 order, as expeditiously as possible, at any rate, within a period of 10 days from the date of receipt of a certified copy of this judgment.

The writ petition is disposed of.

Sd/- MURALI PURUSHOTHAMAN JUDGE bnu APPENDIX PETITIONER’S EXHIBITS Exhibit P1 A TRUE COPY OF THE FIR IN CRIME NO.

18/2019 OF OTTAPPALAM POLICE STATION DATED 3.01.2019 Exhibit P2 A TRUE COPY OF THE ORDER IN CRL. M.P. NO.

13023 OF 2022 IN C.P. NO. 21/ 2020 DATED

14.12.2022 Exhibit P3 A TRUE COPY OF THE PASSPORT BEARING NUMBER W8853139 ISSUED ON 11.01.2023 Exhibit P4 A TRUE COPY OF THE OFFER OF EMPLOYMENT LETTER ISSUED BY NEW MOWASAT HOSPITAL, STATE OF KUWAIT DATED 20.09.2023 Exhibit P5 A TRUE COPY OF THE PETITIONER'S PRIVATE SECTOR WORK VISA BEARING VISA NO.

255108095 Exhibit P6 A TRUE COPY OF THE PCC APPLICATION FILED BEFORE 1ST RESPONDENT FORM DATED

01.11.2023 Exhibit P7 A TRUE COPY OF THE JUDGMENT IN SIJU V.

REGIONAL PASSPORT OFFICER, WP(C) NO. 17204/2021 DATED 16.09.2021 BY THE HON'BLE HIGH COURT OF KERALA

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