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2026 Supreme(Online)(Ker) 17093
IN THE HIGH COURT OF KERALA AT ERNAKULAM
MURALI PURUSHOTHAMAN, J
ANSAF – Appellant
Versus
UNION OF INDIA – Respondent
WP(C) NO. 9273 OF 2026
For the Appellants/Petitioners: SRI.LATHEESH SEBASTIAN
For the Respondents: O.M.SHALINA, SRI. P.S. APPU
Individuals with pending criminal charges can seek police clearance to travel abroad with Court permission.
Headnote:Statute Analysis: The right to seek police clearance for traveling abroad under a pending criminal case is recognized. Facts of the Case: The petitioner, an accused in C.C.No.46 of 2021, seeks a Police Clearance Certificate for employment abroad.
Findings of Court:
Prior case law permits travel with Court permission despite pending charges.
Issues: Whether a police clearance can be denied on grounds of pending criminal cases?
Ratio Decidendi: The Court reaffirms entitlement to travel abroad even amidst criminal proceedings.
Result: This Writ Petition is disposed of directing the issuance of a customized Police Clearance Certificate.
| Table of Content |
|---|
| 1. petitioner's request for travel clearance due to criminal case. (Para 1 , 2) |
| 2. government's stance on issuing clearance amidst criminal charges. (Para 3) |
| 3. court's interpretation of travel rights despite criminal proceedings. (Para 4) |
| 4. court's directive to issue police clearance with conditions. (Para 5) |
JUDGMENT
The petitioner, who is the holder of an Indian Passport, desires to go abroad for employment purpose. He is aggrieved by non-issuance of the Police Clearance Certificate by the 2nd respondent. The petitioner states that he is an accused in C.C.No.46 of 2021 pending trial before the Judicial First Class Magistrate’s Court-I, Varkala.
2. The petitioner has submitted an application for Police Clearance Certificate as evidenced by Ext.P2.
3. The learned Deputy Solicitor General of India appearing for the 2nd respondent submitted that the petitioner is involved in a criminal case and therefore, only a customized Police Clearance Certificate can be issued and that too, only on orders from this Court.
4. This Court, in Siju v. Regional Passport Officer (2021 KHC 1002), has held that even if there is a criminal case pending, one is entitled to travel abroad with the permission of the Court before which the case is pending.
5. Accordingly, this Writ Petition is disposed of directing the 2nd respondent to issue a customized Police Clearance Certificate to the petitioner stating the details of the criminal case pending against him. The needful shall be done by the 2nd respondent within a period of two weeks from the date of receipt of a certified copy of this judgment. It is made clear that the petitioner shall travel abroad only with the permission of the concerned criminal court.
Sd/-
