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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


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

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

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