Individuals with pending criminal charges can seek police clearance to travel abroad with Court permission.

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 2^nd 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 2^nd 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 2^nd 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 2^nd 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/-