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2026 Supreme(Online)(Ker) 30344

IN THE HIGH COURT OF KERALA AT ERNAKULAM
G. Girish, J
Abhilash Vattayyathu Kunjukunju – Appellant
Versus
State Of Kerala – Respondent
WP(CRL.) NO. 552 OF 2026

Advocates:
For the Appellants/Petitioners: Johnson Gomez, Sanjay Johnson, Sanjith Johnson, Anandhu Subrahmaniyan, Kavya Krishna, Arun Johny, Abin Jacob Mathew
For the Respondents: O.M. Shalina, Sanal P. Raj

A Police Clearance Certificate may be issued to an applicant despite a pending criminal case, provided the certificate includes details of such pending case as an endorsement.

Headnote:The petitioner sought a writ of mandamus under Article 226 of the Constitution of India challenging the refusal by passport authorities to issue a Police Clearance Certificate (PCC) due to a pending criminal case. The petitioner is an accused in a criminal case pending before the Judicial First Class Magistrate Court. The court determined that withholding a PCC solely due to a pending criminal proceeding is not justified if the authorities can instead disclose the existence of such pending cases in the certificate itself. The main issue was whether a pending criminal case serves as an absolute bar to the issuance of a PCC. The court reasoned that the interests of the applicant regarding employment or travel can be balanced with the state's interest in transparency by directing the issuance of the certificate with an endorsement regarding the pending criminal charges. The Writ Petition stands allowed.

Table of Content
1. granting police clearance certificates with disclosure of pending criminal cases. (Para 1 , 2 , 3)

JUDGMENT

The grievance of the petitioner herein, who has approached this Court by filing this Writ Petition under Article 226 of the Constitution of India, is that the 3rd respondent is refusing to issue Police Clearance Certificate for his visa processing stating the reason that a criminal case is pending against the petitioner. It is stated that the petitioner is the accused in CC No.181/2026 pending before the Judicial First Class Magistrate Court-I, Adoor.

2. Heard the learned counsel for the petitioner, the learned Public Prosecutor representing the State of Kerala and the learned DSGI representing the 3rd respondent.

3. Having regard to the nature of the relief sought for by the petitioner, and also the precedents being followed from the earlier decisions of this Court, I deem it appropriate to issue a direction to the 3rd respondent to issue Police Clearance Certificate to the petitioner mentioning the details of the criminal case pending against the petitioner.

The Writ Petition stands allowed as above.

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2026 Supreme(Online)(Ker) 30344

IN THE HIGH COURT OF KERALA AT ERNAKULAMG. Girish, JAbhilash Vattayyathu Kunjukunju – AppellantVersusState Of Kerala – RespondentWP(CRL.) NO. 552 OF 2026

A Police Clearance Certificate may be issued to an applicant despite a pending criminal case, provided the certificate includes details of such pending case as an endorsement.

IN THE HIGH COURT OF KERALA AT ERNAKULAM
G. Girish, J
Abhilash Vattayyathu Kunjukunju – Appellant
Versus
State Of Kerala – Respondent
WP(CRL.) NO. 552 OF 2026