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2026 Supreme(Online)(Ker) 20476

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MURALI PURUSHOTHAMAN, J
SARANG RAJESH – Appellant
Versus
UNION OF INDIA – Respondent
WP(C) NO. 10276 OF 2026



Advocates:
For the Appellants/Petitioners: AJMAL A.
For the Respondents: O.M.SHALINA, SURYA BINOY

A person may be permitted to travel abroad even with pending criminal cases, contingent upon court authorization.

Headnote:In this writ petition, the petitioner challenged the non-issuance of a Police Clearance Certificate pertinent to his ongoing criminal case. The court highlighted that a person could still travel abroad even with a pending criminal case, provided court permission is granted. Consequently, the court mandated the issuance of a customized Police Clearance Certificate, detailing the pending charges. This judgment resolved the legal predicament regarding travel permissions amid criminal proceedings, directing prompt issuance of requisite documentation.

Table of Content
1. petitioner challenged non-issuance of police clearance certificate. (Para 1 , 2 , 3)
2. involvement in criminal cases affects certificate issuance. (Para 4)
3. court permits travel abroad despite pending criminal cases. (Para 5)

JUDGMENT

The petitioner who desires to go abroad for employment purpose is aggrieved by Ext.P3 and non issuance of Police Clearance Certificate by the 2nd respondent.

2. The petitioner states that he is an accused in C.C No.587 of 2024 on the files of the Judicial First Class Magistrate Court, Chavara. The said court has by Ext.P1 order permitted the petitioner to travel abroad for a period of three years.

3. The petitioner has submitted an application for Police Clearance Certificate as evidenced by Ext.P2 receipt. The 2nd respondent, by Ext.P3, has informed the petitioner that he is involved in a criminal case and should produce proof of clearance of criminal case or relevant court orders.

4. The learned DSGI appearing for the 2nd respondent submitted that the petitioner is involved in criminal cases and, therefore, only a customised Police Clearance Certificate can be issued, and that too, only on orders from this Court.

5. 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 with the permission of the court before which the case is pending.

Accordingly, this writ petition is disposed of directing the 2nd respondent to issue a customised Police Clearance Certificate to the petitioner, stating the details of the pending criminal case against him. This shall be done within a period of one week from the date of receipt of a copy of this judgment.

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