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2026 Supreme(Online)(Ker) 23713

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MURALI PURUSHOTHAMAN, J
ABBAS – Appellant
Versus
UNION OF INDIA – Respondent
WP(C) NO. 12465 OF 2026



Advocates:
For the Appellants/Petitioners: SRI.AKHIL SUSEENDRAN
For the Respondents: O.M.SHALINA, DEPUTY SOLICITOR GENERAL OF INDIA

Individuals with ongoing criminal cases can obtain travel permissions through court-issued clearance despite pending charges.

Headnote:In accordance with the ruling in Siju v. Regional Passport Officer (2021 KHC 1002), the Court analyzed the petitioner's request for a Police Clearance Certificate (PCC) which was denied due to ongoing criminal proceedings. The Court found that travel is permissible upon court approval despite pending criminal cases, leading to a decision for the issuance of a Customized PCC. The Court ordered that the 2nd respondent must issue the PCC within two weeks.

Table of Content
1. petitioner seeks pcc for overseas travel. (Para 1 , 2)
2. respondent contends pcc issuance is conditional on court orders. (Para 3)
3. court approves travel despite criminal proceedings. (Para 4)
4. court orders issuance of pcc within two weeks. (Para 5)

JUDGMENT

The petitioner who is the holder of an Indian Passport desires to go abroad for employment purpose. The petitioner has submitted an application for Police Clearance Certificate evidenced by Ext.P1 receipt. He is aggrieved by non-issuance of Police Clearance Certificate by the 2nd respondent.

2. The petitioner states that he is an accused in C.C.No.1760/2023 on the file of JFCM Court-I, Varkala, Thiruvananthapuram. The said Court has, by Ext.P2 order, dispensed with the personal appearance of the petitioner for 2 years.

3. The learned DSGI appearing for the 2nd respondent submitted that the petitioner is involved in criminal case and, therefore, only a Customized PCC 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 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 PCC to the petitioner stating the details of the criminal case pending against him. The needful shall be done within two weeks from the date of receipt of a certified copy of this judgment.

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