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2026 Supreme(Online)(Ker) 26445
IN THE HIGH COURT OF KERALA AT ERNAKULAM
MURALI PURUSHOTHAMAN, J
SANIL KUMAR.T.S. – Appellant
Versus
UNION OF INDIA – Respondent
WP(C) NO. 6948 OF 2026
For the Appellants/Petitioners: SRI.J.R.PREM NAVAZ, SHRI.MUHAMMED SWADIQ, SHRI.JITHU SHAIJU
For the Respondents: O.M.SHALINA, DEPUTY SOLICITOR GENERAL OF INDIA, SMT.SURYA BINOY, SR. GP.
Pending criminal case does not bar issuance of Customized PCC or travel abroad with court permission.
Headnote:First Paragraph: The petitioner applied for Police Clearance Certificate (PCC) for employment abroad, evidenced by Ext.P3 receipt, but faced delay due to pending criminal case C.C.No.394/2025 before Judicial Magistrate of First Class-II, Attingal. Court referred to prior decision holding that pending criminal cases do not bar travel with permission from the concerned court. Court directed issuance of Customized PCC. Second Paragraph: Issue framed as whether non-issuance of PCC due to pending case was justified. Ratio: Even with pending criminal case, entitled to travel with permission of jurisdictional court, as held in relevant precedent. Third Paragraph: Writ petition disposed directing Customized PCC issuance within two weeks, subject to criminal court permission for travel.
| Table of Content |
|---|
| 1. petitioner's pcc application delayed due to pending case. (Para 1 , 2) |
| 2. government seeks customized pcc on court order. (Para 3) |
| 3. pending case permits customized pcc and travel with permission. (Para 4 , 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.P3 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.394/2025 on the file of Judicial Magistrate of First Class-II, Attingal.
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. It is made clear that the petitioner shall be permitted to travel abroad only on obtaining permission from the jurisdictional criminal court.
