The registration of a crime does not deprive an individual of fundamental rights such as the right to travel, necessitating the issuance of a Police Clearance Certificate while noting pending criminal cases.

O R D E R

The prayers in this Writ Petition filed under Article 226 of the Constitution of India are as follows:-

“(a) Issue a writ of mandamus or any other appropriate writ or order directing any of the respondents who is authorized as per section 59 of the Kerala Police Act , 2011 to issue the Certificate of Non-Involvement in Offences as contemplated in the said provision in a time bound manner as expediently as possible.

(b) Dispense with the filing of the translation of vernacular documents produced along with this Writ Petition.

(c) Grant such other reliefs that this Hon'ble Court may deem fit to grant under the facts and circumstances of the case.

2. Heard the learned counsel for the petitioner and the learned Public Prosecutor.

3. The petitioner is the accused in Crime Nos. 498 of

2024 and 159 of 2025 of Puthenvelikkara Police Station, Ernakulam, alleging offences punishable under Sections 329(3), 296(b), and 351(2) of BNS, and Sections 318(4), 296(b), and 351(2) of BNS, respectively. The cases are now pending as C.C.Nos. 362 of 2025 and 247 of 2025 before the Judicial First Class Magistrate Court-III, North Paravur.

4. The petitioner filed Crl. M.P. No. 4633 of 2025 in C.C.

No. 362 of 2025 and Crl. M.P. No. 4619 of 2025 in C.C. No. 247 of 2025, seeking exemption from personal appearance. As per orders dated 02.12.2025, the learned Magistrate exempted the petitioner from personal appearance.

5. The petitioner seeks a direction to respondent No. 3 to issue a Police Clearance Certificate, as provided in the Passport Manual. The petitioner holds an Indian passport bearing No.

X9076707.

6. As per Clause (f) of sub-section (2) of Section 6 of the Passports Act , 1967, the passport authority shall refuse to issue a passport or travel document for visiting any foreign country on the ground that proceedings in respect of an offence alleged to have been committed by the applicant are pending before a criminal Court in India. As per notification dated 25.08.1993 issued by the Ministry of External Affairs, the Government of India has exempted citizens of India, against whom proceedings in respect of an offence alleged to have been committed by them are pending before a criminal Court in India, who produce orders from the Court concerned permitting them to depart from India, from the operation of the provisions of Clause (f) of sub-section (2) of of the , 1967.

7. In Jayan V.M. v. Union of India ( 2018 (4) KLT 1077 ), this Court held that the registration of a crime cannot be within the legislative contemplation to deprive a person of his or her fundamental right, the right to travel.

8. Having considered the nature of the allegations levelled against the petitioner in the crimes registered against him, I hold that the petitioner shall not be deprived of his right to travel abroad for the purpose of obtaining employment.

9. While considering a similar fact situation, this Court in W.P(C) Nos.17204/2021 and 34229/2022, has directed issuance of the Police Clearance Certificate stating the pendency of the criminal case against the parties concerned by making appropriate changes in the standard format.

10. In Abhirami Girish v. State of Kerala and Another (2024: KER :76825), this Court observed thus:-

“10. In such circumstances, even though Section 59 of the KP Act does not provide issuance of a certificate detailing crimes involved by the petitioner, it is well and good in the interest of justice to issue a certificate, specifying the existence of criminal case/s against the applicant with their numbers, nature of offence/offences with section/s of law, the Court where the cases are pending. The certificate shall state the details of the cases disposed off relating to the applicant with the result thereof, specifying conviction, acquittal, discharge, quashment, etc., so that the Authority insisted production of the certificate, to take an appropr