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2026 Supreme(Online)(Ker) 36271

IN THE HIGH COURT OF KERALA AT ERNAKULAM


PRESENT

THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN


TUESDAY, THE 9TH DAY OF JUNE 2026 / 19TH JYAISHTA, 1948


WP(C) NO. 15515 OF 2026


PETITIONER:

JINSON JOY,

AGED 34 YEARS

S/O JOY, AKKARAPATTIAKKAL HOUSE,

PERINGANNUR, PERAMANGALAM P.O.,

THRISSUR, PIN - 680545


BY ADVS.

SHRI. AJMAL V. A.

SMT.FATHIMA V.A.

SMT.A.C.ARFANA


RESPONDENTS:

1 UNION OF INDIA,

REPRESENTED BY THE SECRETARY,

MINISTRY OF EXTERNAL AFFAIRS,

NEW DELHI, PIN - 110011

2 THE REGIONAL PASSPORT OFFICER,

PASSPORT OFFICE, THRISSUR, PIN - 680003

3 THE STATE POLICE CHIEF,

POLICE HEADQUARTERS,

THIRUVANANTHAPURAM, PIN - 695010

4 THE DISTRICT POLICE CHIEF,

PATTALAM ROAD, THRISSUR DISTRICT,

PIN - 680020

5 THE STATION HOUSE OFFICER,

PERAMANGALAM POLICE STATION,

THRISSUR, PIN - 680545


BY ADV SHRI.S.BIJU, SENIOR PANEL COUNSEL

SRI.RAKESH RAJ, SR.GP.


THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.06.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

The petitioner who holds an Indian passport and wishes to go abroad for employment purpose is aggrieved by the non issuance of Police Clearance Certificate by the 2nd respondent. The petitioner states that he is an accused in C.C.No.1605/2019 on the files of the Judicial First Class Magistrate Court, Kunnamkulam. The said court, by Ext.P5 order dated 04.03.2025, granted permission to the petitioner to renew the passport for a period of three years from the date of the order. The petitioner has submitted an application for Police Clearance Certificate as evidenced by Ext.P3. The grievance of the petitioner is that he is not so far issued with the Police Clearance Certificate.

2. A statement has been filed by the learned Senior Panel Counsel on behalf of respondents 1 and 2 wherein it is stated that the petitioner is an accused in C.C.No.1605/2019 pending before the Judicial First Class Magistrate Court, Kunnamkulam and that the petitioner has to furnish orders from the competent court evidencing the disposal of the case pending against him.

3. The learned Senior Panel Counsel appearing for respondents 1 and 2 submits that the petitioner can only be issued with a customized Police Clearance Certificate and that too, pursuant to the orders of 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.

Accordingly, this writ petition is disposed of directing the 2nd respondent to issue a customized PCC to the petitioner showing the details of the criminal case pending against him and Ext.P5 order. The needful shall be done within a period of two weeks from the date of receipt of a copy of this judgment.

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