Kerala High Court
Aneesh vs State Of Kerala on 4 August, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
2025:KER:58101
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 4TH DAY OF AUGUST 2025 / 13TH SRAVANA, 1947
WP(CRL.) NO.1025 OF 2025
PETITIONER :-
ANEESH, AGED 36 YEARS
S/O. ABDUL KHADER, CHERUPULLIPARAMBIL HOUSE,
VENNALA, EDAPPALLY SOUTH, ERNAKULAM, PIN - 682 028
BY ADVS.
SHRI.BHARATH MURALI
SHRI.MANU NAIR G.
SHRI.AJAY SANKAR
SHRI.SIDHARTH MURALI
SRI.THOMAS P.MAKIL
RESPONDENTS :-
1 STATE OF KERALA
REPRESENTED BY THE STATION HOUSE OFFICER,
PANANGAD POLICE STATION ERNAKULAM, PIN - 682 506
2 THE REGIONAL PASSPORT OFFICER,
REGIONAL PASSPORT OFFICE, PANAMPILLY NAGAR (PO),
COCHIN, PIN - 682 036
SRI.C.S.HRITHWIK, SR.PP
SMT.O.M.SHALINA, DSGI
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 04.08.2025, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
WP(Crl.) No.1025 of 2025
-: 2 :-
2025:KER:58101
P.V.KUNHIKRISHNAN, J
--------------------------------
W.P(Crl.) No.1025 of 2025
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Dated this the 4th day of August, 2025
JUDGMENT
This writ petition is filed with the following prayers :-
"i) To issue a writ of mandamus or any other appropriate writ, order or direction commanding the 2 nd respondent Regional Passport Officer to grant the Petitioner's application for Police Clearance Certificate dated 16.05.2025(Exhibit P5), bearing Serial No.25-
1051720166, within a time frame fixed by this Hon'ble Court.
ii) Grant such other reliefs as this Hon'ble Court may deem just and proper in the interest of justice, including costs." [SIC]
2. The petitioner is an accused in Crime No.346/2011 of North Paravur Police Station. The petitioner filed Crl.M.P. No.2775/2025 before the Sessions Court, Ernakulam to retain the passport for a continuous period of four years for the travel and to grant No Objection Certificate to facilitate his overseas employment till 15.09.2029. As per Ext.P4 order, the Sessions Court allowed the application with following conditions :-
"1. He shall furnish the address of his place of abode during the relevant period and contact number before the court.WP(Crl.) No.1025 of 2025 -: 3 :-
2025:KER:58101
2. The petitioner shall return to India and appear before this Court as and when required by this court.
3. He shall file an affidavit stating the date of departure and date of arrival along with copies of journey tickets.
4. He shall produce back his passport before this Court on the expiry of one year.
5. He shall not shift himself to any other places than the place mentioned in the petition without the permission of this Court."
Now, the grievance of the petitioner is that the 2 nd respondent is not issuing Police Clearance Certificate (PCC) even though the court issued Ext.P4. Hence, this writ petition.
3. Heard the learned counsel for the petitioner, learned DSGI and also the learned Public Prosecutor.
4. After hearing both sides, I am of the considered opinion that this writ petition can be disposed of in tune with the directions of this Court in Siju v. Regional Passport Officer [2021 SCC OnLine Ker 9667]. Paragraphs 7 and 8 of the above judgment are extracted hereunder :-
"7. In view of the above, notwithstanding the crime registered against the petitioner as Crime No. 187/2021, there is no bar in issuing a Passport to the petitioner. This is on account of two reasons (i) No "criminal proceedings" are pending in any court as WP(Crl.) No.1025 of 2025 -: 4 :- 2025:KER:58101 contemplated under law, and (ii) even if it is deemed to be pending, since the petitioner has obtained permission from the Magistrate's Court, he can be issued with a valid Passport. If petitioner can be issued with a Passport, then it fails all logic to refuse to issue him a police clearance certificate by the Passport Authorities.
8. In such circumstances, there will be a direction to the respondent to issue Police Clearance Certificate to the petitioner, stating that there is a criminal case pending against the petitioner and that the criminal court has permitted the petitioner to go abroad to pursue his employment. Such a certificate can be issued by making appropriate changes in the specimen contained in Appendix-32 referred to above. This shall be done within a week from today."
In the light of the above observation, I think this revision can be disposed of.
Therefore, this writ petition is disposed of directing the 2nd respondent to issue a customised PCC to the petitioner stating that criminal case is pending against him and that the criminal court has permitted the petitioner to go abroad to pursue the employment, within one week from the date of receipt of a copy of this judgment.
Sd/-
P.V.KUNHIKRISHNAN, JUDGE Jvt WP(Crl.) No.1025 of 2025 -: 5 :- 2025:KER:58101 APPENDIX OF WP(CRL.) 1025/2025 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE BAIL ORDER DATED 07.09.2011 IN CRLMC 1433/2011 PASSED BY THE SESSIONS COURT ERNAKULAM Exhibit P2 A TRUE COPY OF THE ORDER DATED 15.03.2024 IN CRL.M.P. NO. 732/2024 IN CRL.M.C. NO. 1433/2011 PASSED BY THE ADDITIONAL SEXXIONS COURT VI ERNAKULAM Exhibit P3 A TRUE COPY OF THE PASSPORT Exhibit P4 A TRUE COPY OF THE ORDER DATED 25.07.2025 IN CRL.M.P. NO. 2775 OF 2025 Exhibit P5 A TRUE COPY OF THE PCC APPLICATION DATED 15/5/2025