A pending criminal case does not by itself disentitle a person from obtaining a Police Clearance Certificate.

Dated this the 5th day of June, 2024 The petitioner is the holder of Indian Passport No.U0740717. The petitioner, who is presently engaged in temporary daily waged jobs and is staying in his native place, Pattambi, has obtained Visa as domestic worker (driver) in Kuwait. Upon receiving the Visa and the travel related instructions from the sponsor that the petitioner should reach there before the first week of June, the petitioner submitted Ext.P3 application for Police Clearance Certificate before the 1st respondent on 24.04.2024.

2. As the petitioner was arrayed as accused in CC No.1564 of 2015 in Crime No.170 of 2015 and CC No.1764 of 2015 in Crime No.127 of 2015 of Pattambi Police Station, both pending on the files of the Judicial First Class Magistrate's Court, Pattambi, the Trial Court granted Exts.P4

and P5 orders, stating that the Court has no objection in issuing Police Clearance Certificate to the petitioner.

Thereafter, the SHO, Pattambi has forwarded his report to the 1st respondent. However, no action has been taken by the 1st respondent towards issuing Police Clearance Certificate, contends the Counsel for the petitioner.

3. Counsel for the petitioner submitted that in the light of Ext.P6 judgment of this Court in Siju v. Regional Passport Officer [2021 SCC Online Kerala 9667] and Exts.P7 and P8 judgments in which the dictum laid down in Ext.P6 has been followed, the petitioner is entitled to get Police Clearance Certificate even though a crime is pending against the petitioner.

4. Deputy Solicitor General of India submitted that taking into consideration the judgment of this Court in Siju v. Regional Passport Officer (supra), the petitioner’s application for Police Clearance Certificate can be considered and the petitioner can be issued with a customised Police Clearance Certificate incorporating the particulars of the criminal case pending against the petitioner, if all other parameters are satisfied.

Taking into consideration the law laid down by this Court in Siju v. Regional Passport Officer (supra), the writ petition is disposed of directing the 1st respondent-Regional Passport Officer to process the application for issuance of Police Clearance Certificate and conclude the proceedings taking note of the judgment of this Court in Siju v. Regional Passport Officer (supra) and take appropriate decision thereon, within a period of three weeks.