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2026 Supreme(Online)(Ker) 13853

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MOHAMMED NIAS C.P., J
BEN GEORGE KOSHY – Appellant
Versus
STATE OF KERALA – Respondent
WP(C) NO. 2789 OF 2026



Advocates:
For the Appellants/Petitioners: SMT. SAYUJYA RADHAKRISHNAN, SRI. K.R. RAJEEV KRISHNAN
For the Respondents: SRI. P.S. APPU, ADV. O.M.SHALINA

A Customized Police Clearance Certificate can be issued despite an ongoing criminal case, conditional upon court directives, ensuring compliance with legal proceedings.

Headnote:The court analyzed the legal framework regarding issuance of a Police Clearance Certificate (PCC), concluding that due to the petitioner's criminal case (C.C. No.95 of 2025 under IPC Section 498A), a Customized PCC can be issued only under court order. The court framed the issues regarding the necessity and conditions for issuance of the PCC, and determined the requirement for the petitioner to comply with legal proceedings upon returning to India. The final order directs the issuance of a Customized PCC to the petitioner with case details, within one month.

Table of Content
1. requirement for police clearance certificate amidst ongoing criminal cases. (Para 1 , 2)
2. court's directive on issuance of pcc under specified conditions. (Para 3)

JUDGMENT

The petitioner seeks a direction to respondents 4 and 5 to issue a Police Clearance Certificate.

2. The learned Government Pleader appearing for respondents 1 to 3 and 6 submits that the petitioner was charge sheeted in C.C. No.95 of 2025 under Section 498A of the Indian Penal Code.

2. The learned DSGI appearing for respondents 4, 5 and 7 would submit that the petitioner is involved in a criminal case and therefore, only a Customised PCC can be issued, and that too only on orders from this Court.

3. Having heard the learned counsel for the petitioner and the learned DSGI appearing for respondents 4, 5 and 7, and having perused Ext.P6, this writ petition is disposed of directing the additional 7th respondent to issue a Customized PCC to the petitioner also mentioning the details of the case mentioned in Ext.P6. The needful shall be done within one month from the date of receipt of a certified copy of this judgment. It is made clear that the petitioner, on his return to India, shall take such steps to participate in the case chargesheeted against him.

The writ petition is disposed of as above.

Sd/-

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