A citizen is entitled to obtain a Customized Police Clearance Certificate while criminal proceedings are pending, provided they have secured court permission to travel and obtain such clearance.

JUDGMENT

The petitioner is the holder of an Indian passport. He secured employment in Australia. Accordingly, he applied for issuance of a Police Clearance Certificate. Since there was delay in issuing the Police Clearance Certificate, the petitioner has filed this writ petition for a direction to the 1^st respondent to consider his application, expeditiously.

2. The petitioner states that he was an accused in C.C. No. 631 of 2014 on the files of the Judicial First Class Magistrate Court, Adimaly. However, by Ext.P2 judgment, the said court acquitted the petitioner. The petitioner further states that he is the 10^th accused in C.C. No.1023 of 2023 on the files of the same court and by Ext.P4 order, the court granted him permission to go abroad for a period of two years and exempted him from personal appearance subject to conditions. By Ext.P5 order, the petitioner was also permitted to obtain Police Clearance Certificate from the Regional Passport Authority.

3. Heard the learned counsel for the petitioner, the learned Senior Panel Counsel and the learned Government Pleader.

4. A statement has been filed by the learned Senior Panel Counsel on behalf of respondents 1 and 2 wherein it is stated that on receipt of the application of the petitioner for Police Clearance Certificate, the 1^st respondent sought for Police Verification Report and the 3^rd respondent submitted an adverse report stating that the petitioner is the accused in C.C. No.1023 of 2023 on the files of the Judicial First Class Magistrate Court, Adimaly. The learned Senior Panel Counsel submits that since the petitioner is involved in a criminal case, only a Customized Police Clearance Certificate can be issued, 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.

Accordingly, the writ petition is disposed of directing the 1^st respondent to issue a Customized Police Clearance Certificate to the petitioner, showing the details of the criminal case pending against him and Exts.P4 and P5 orders. In view of the urgency pointed out by the learned counsel for the petitioner, the needful shall be done within one week from the date of receipt of a certified copy of this judgment.