IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS TUESDAY, THE 25^TH DAY OF FEBRUARY 2025 / 6TH PHALGUNA, 1946 WP(C) NO. 5191 OF 2025 PETITIONER/S:

DR. MOHAMMED. A AGED 48 YEARS S/O. MOIDEENKUTTYRESIDING AT AREEKATTU HOUSE, KURUPATH, KONDOTTY, MALAPPURAM, PIN - 673638 BY ADV CHERIAN MATHEW POOTHICOTE RESPONDENT/S:

1 STATION HOUSE OFFICER KONDOTTY POST, MALAPPURAM DT, KERALA, PIN - 673638

2 DISTRICT POLICE CHIEF DPO RD, UP HILL, MALAPPURAM, KERALA, PIN - 676505 GP SMT.VIDYA KURIAKOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.02.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

C.S.DIAS, J.

---------------------------------------

WP(C) No.5191 OF 2025 -----------------------------------------

Dated this the 25^th day of February, 2025

JUDGMENT

The writ petition is filed to direct the 1^st respondent to issue a Police Clearance Certificate (in short, 'PCC') in favour of the petitioner to get appointed as a Manager of a School. The petitioner is an accused in Crime No.30/2021 of the Kondotty Police Station, Malappuram, which is now pending trial as CC No.433/2021 on the file of the Judicial First Class Magistrate Court, Malappuram. Due to the pendency of the above case, the 1^st respondent has refused to issue the PCC in favour of the petitioner. In WP(C) No.673/2025, this Court has categorically held that even if a person is an accused in a crime, the same does not dis- entitle him to get a PCC. Therefore, the 1^st respondent may be directed to issue the PCC. Hence, the writ petition.

2. Heard; the learned counsel for the petitioner and the learned Government Pleader.

3. The learned Government Pleader submitted that the petitioner is an accused in Crime No.30/2021 which is now pending trial before the jurisdictional Magistrate as CC No.433/2021.

4. Section 59 of the Kerala Police Act, 2011 ('Act'

for short) lays down the procedure to be followed to issue a Non - Involvement in offence certificate, which reads as follows:

"59. Police to give certificates of non - involvement in offences. - The District Police Chief or the Station House Officer may, on the application of any person, give a certificate to the effect that such person is not involved in any offence after suitable enquiries and after realising such charges as may be fixed by the Government in this regard."

5. The above provision unequivocally empowers the District Police Chief or a Station House Officer to issue a certificate stating that a person is not involved in any offence/crime, which is commonly known as a Non - Involvement in Offence (NIO) certificate @ Police Clearance Certificate.

6. The question whether an accused in a crime is entitled to a certificate under Section 59 of the Act is no longer res integra in view of the decision of this Court in Sasikumar v. State of Kerala (2023 KHC 254), where it is held as under:

“7. Whether on the basis of such a clearance certificate containing a statement on the involvement of the petitioner in a particular crime, he would obtain any permission to ply the vehicle is a different matter. However, the certificate need not be denied merely due to the pendency of a criminal case, especially when criminal cases do take a long period to be disposed of. Coupled with the delay, the presumption of innocence of an accused, that continue until trial is completed and the judgment pronounced also compels this Court to adopt such a view.

8. Further, it is not the intention of S.59 of the Kerala Police Act, 2011 that whenever a criminal case is pending against an accused, he should be denied the opportunity even to attempt to obtain an employment, if a certificate from the police is required. There would be cases of offences which may have no bearing on the nature of employment. 9. In the above view of the matter, I direct the 3rd respondent to issue a police clearance certificate as contemplated under S.59 of KP Act specifying the existence of the criminal case along with its number, the type of