A person accused in a pending criminal case is entitled to travel abroad and obtain a customized Police Clearance Certificate if the court before which the case is pending has granted permission to travel.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.08.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

J U D G M E N T

The petitioner is the holder of an Indian passport. The petitioner states that he is an accused in C.C. No. 141 of 2025 on the files of the Judicial First Class Magistrate Court – II, Kollam. The said court, by Ext.P2 order, permitted the petitioner to go abroad for a period of two years on condition. The petitioner has filed an application for Police Clearance Certificate evidenced by Ext.P3 receipt. The 2nd respondent has issued Ext.P4 communication to the petitioner stating that there is adverse police verification report to the effect that the petitioner is an accused in criminal case and he has to furnish proof of clearance of case or order from the High Court for Police Clearance Certificate.

2. The learned counsel for the petitioner submits that the petitioner has to join duty abroad before 14.08.2026. Accordingly, the petitioner has filed this writ petition for a direction to the 2nd respondent to issue him a Customized Police Clearance Certificate.

3. Heard Sri.K. Rakesh, the learned counsel for the petitioner, Smt.G. Maheswari, the learned Senior Panel Counsel and Sri. Bharat Vijay, the learned Government Pleader.

4. Smt.G. Maheswari, the learned Senior Panel Counsel submits that since the petitioner is involved in a criminal case the Customized Police Clearance Certificate can be issued 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 abroad with the permission of the court before which the case is pending.

Accordingly, the writ petition is disposed of directing the 2nd respondent to issue a Customized Police Clearance Certificate to the petitioner, showing the details of the criminal case pending against him and Ext.P2 order. Since it is submitted by the learned counsel for the petitioner that the petitioner has to join duty abroad before 14.08.2026, needful shall be done within a period of one week from the date of receipt of a copy of this judgment.