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2026 Supreme(Online)(Ker) 17096

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MURALI PURUSHOTHAMAN, J
BHAVANA – Appellant
Versus
THE UNION OF INDIA – Respondent
WP(C) NO. 9473 OF 2026



Advocates:
For the Appellants/Petitioners: SMT.V.H.JASMINE, SHRI.JOHIN JOHNSON, SHRI.JIBI JOHNSON
For the Respondents: SRI.P.S.APPU, SMT.O.M.SHALINA

The Court allows travel abroad for individuals with pending criminal cases, contingent upon obtaining a customized Police Clearance Certificate and court permission.

Headnote:The petitioner, aggrieved by the non-issuance of a Police Clearance Certificate due to pending criminal charges, seeks relief. Citing precedent in Siju v. Regional Passport Officer, the Court affirms the right to seek travel permission despite ongoing criminal proceedings. The directive compels the issuance of a customized certificate within three months, ensuring travel is permitted only from the appropriate criminal court.

Table of Content
1. non-issuance of police clearance certificate (Para 1)
2. government's argument concerning criminal case involvement (Para 2)
3. legal precedent permitting travel despite ongoing criminal cases (Para 3)
4. issuance and conditions of police clearance certificate (Para 4)

JUDGMENT

The petitioner, who is the holder of an Indian Passport, desires to go abroad for employment purpose. She is aggrieved by non-issuance of the Police Clearance Certificate by the 2nd respondent. The petitioner states that she is an accused in C.C.No.268 of 2020 on the files of the Judicial First Class Magistrate’s Court-I, Thodupuzha. She has submitted an application for Police Clearance Certificate as evidenced by Ext.P2.

2. 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.

3. 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.

4. 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 her. The needful shall be done within a period of three months from the date of receipt of a certified copy of this judgment. However, it is made clear that the petitioner shall travel abroad only with the permission of the concerned criminal court.

Sd/-

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