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2026 Supreme(Online)(Ker) 27135
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Murali Purushothaman, J
Christofer – Appellant
Versus
Regional Passport Office, Cochin – Respondent
WP(C) NO. 14567 OF 2026
For the Appellants/Petitioners: SMT.FEBA MARY THOMAS
For the Respondents: SRI.P.S. APPU GP, SMT.DAYA SINDHU SHREEHARI, SENIOR PANEL COUNSEL
Pending criminal case does not bar customized police clearance for passport if trial court permission obtained.
Headnote:The petitioner applied for Police Clearance Certificate for employment abroad, but was denied due to involvement as accused in a criminal case (Crime No.25/2026), with charge sheet filed. Court considered passport issuance guidelines under administrative law. Findings: Even with pending criminal case, customized clearance permissible on court order, subject to trial court permission.
Issues: Whether petitioner entitled to Police Clearance Certificate despite pending case.
Ratio Decidendi: Court in prior decision held entitlement to travel abroad with permission from court where case pending (para 5); thus, customized certificate with case details issuable (paras 3-6).
Result: Writ petition disposed directing issuance of Customized Police Clearance Certificate within two weeks.
| Table of Content |
|---|
| 1. petitioner's application for police clearance denied due to pending case. (Para 1 , 2) |
| 2. accused in filed case; customized clearance requires court order. (Para 3 , 4) |
| 3. court permits customized certificate with trial court travel permission. (Para 5 , 6) |
J U D G M E N T
The petitioner, who holds an Indian passport, desires to go abroad for employment purpose. The petitioner has therefore, submitted an application before the 2nd respondent for Police Clearance Certificate. The petitioner has been issued with Ext.P2 show cause notice informing him that the police verification report indicates that he is an accused in a criminal case. Challenging the denial of Police Clearance Certificate, the petitioner has filed this writ petition for the following relief:
“i. Issue a writ of mandamus or other appropriate writ or direction, directing the respondents to issue Police Clearance Certificate/Non-Involvement of Offence Certificate by incorporating the details of the Crime the Petitioner is involved within a time frame fixed by this Hon’ble Court.”
2. Heard the learned counsel for the petitioner, learned Senior Panel Counsel and the learned Government Pleader
3. The learned Government Pleader, on instructions, submitted that the petitioner is an accused in Crime No.25 of 2026 of Kannamaly Police Station and that a charge sheet has already been filed on 21.02.2026 before the Judicial First Class Magistrate Court – I, Kochi.
4. The learned Senior Panel Counsel submits that since the petitioner is involved in criminal case, only a Customized Police Clearance Certificate can be issued to him 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.
6. Accordingly, this writ petition is disposed of directing the 2nd respondent to issue a Customized Police Clearance Certificate 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 go abroad only after obtaining permission from the criminal court where the case is pending.
