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2026 Supreme(Online)(Ker) 24290

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MURALI PURUSHOTHAMAN, J
VIJAY RAJAN – Appellant
Versus
THE REGIONAL PASSPORT OFFICER – Respondent
WP(C) NO. 12105 OF 2026



Advocates:
For the Appellants/Petitioners: SRI. BHARATH MOHAN, SMT. TELLMY JOLLY
For the Respondents: SRI. S.PRASANTH, SRI. P.S APPU

Individuals with pending criminal cases can obtain travel permissions through court approval.

Headnote:Statute Analysis: The court refers to relevant case law regarding travel rights amidst pending criminal cases, specifically noting that permission can be granted by the court handling the criminal case. Facts of the Case: The petitioner, Vijay Rajan, is accused in a pending criminal case and seeks a Police Clearance Certificate for employment abroad.

Findings of Court:
The court orders the issuance of a customized certificate considering the ongoing case.

Issues: The court examines whether individuals with pending criminal cases can receive clearance to travel.

Ratio Decidendi: The court reaffirms previous judgments that allow for travel permissions under certain conditions.

Result: The certificate must be issued within two weeks.

Table of Content
1. petitioner seeks police clearance certificate. (Para 1 , 2)
2. respondent's arguments on issuing clearance. (Para 3)
3. court allows travel permission despite criminal case. (Para 4)

JUDGMENT

The petitioner, who holds an Indian passport and wishes to go abroad for employment purpose, is aggrieved by the non issuance of a Police Clearance Certificate by the 1st respondent. Ext.P1 is the application for Police Clearance Certificate.

2. The petitioner is an accused in C.C No.329 of 2024 pending on the files of the Judicial First Class Magistrate Court - III, Kollam. The said court, by Ext.P2 order, has exempted the petitioner from personal appearance subject to conditions.

3. The learned DSGI appearing for the 1st respondent submitted that the petitioner is involved in a criminal case and, therefore, only a customised 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 with the permission of the court before which the case is pending.

Accordingly, this writ petition is disposed of directing the 1st 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 two weeks from the date of receipt of a copy of this judgment.

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