Kerala High Court
Revanth S L vs State Of Kerala on 1 July, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
W.P.(Crl.).No.831 of 2025
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2025:KER:47653
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 1ST DAY OF JULY 2025 / 10TH ASHADHA, 1947
WP(CRL.) NO. 831 OF 2025
PETITIONER(S):
REVANTH S L
AGED 24 YEARS, S/O T.K.SIVAKUMAR, TC 27/718 KUZHIYIL
PURAYIDAM, AMBALAMUKKU, VANCHIYOOR. P.O
THIRUVANANTHAPURAM, PIN - 695035
BY ADVS.
SMT.KEERTHI SOLOMON
SMT.JAINA JOHN
RESPONDENT(S):
1 STATE OF KERALA
REPRESENTED BY SECRETARY, HOME DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 682031
2 STATION HOUSE OFFICER
VANCHIYOOR POLICE STATION, T.C. 25/3200(1), VANCHIYOOR,
THIRUVANANTHAPURAM, PIN - 695035
3 STATION HOUSE OFFICER
KAZHAKOOTAM POLICE STATION, KAZHAKOOTAM,
THIRUVANANTHAPURAM, PIN - 695582
4 STATION HOUSE OFFICER
CANTONMENT POLICE STATION, NEAR SECRETARIAT CANTONMENT
GATE, STATUE, THIRUVANANTHAPURAM, PIN - 695001
5 REGIONAL PASSPORT OFFICER
REGIONAL PASSPORT OFFICE, TRIVANDRUM SNSM BUILDING,
KARALKADA JUNCTION PETTAH.P.O, THIRUVANANTHAPURAM,
PIN - 695024
W.P.(Crl.).No.831 of 2025
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2025:KER:47653
BY ADV.:
SMT. O M SHALINA, DSGI
SRI. HRITHWICK C.S., SR.PP
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
01.07.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(Crl.).No.831 of 2025
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P.V.KUNHIKRISHNAN, J
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W.P.(Crl.) No.831 of 2025
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Dated this the 01st day of July, 2025
JUDGMENT
The above Writ Petition (Crl.) is filed seeking the following reliefs:
"i. Issue a writ, order or direction in the nature of Mandamus, or such other writ, order or direction, directing the 5th respondent to issue Police Clearance Certificate without further delay i.e., before 10.07.2025.
ii. Such other appropriate writ, order or direction sought for in the course of the proceedings." [SIC]
2. The petitioner was a degree student of Political Science in Sree Narayana College, Chempazhanthy at Trivandrum. In his students days, he was involved in three criminal cases. The petitioner completed his degree course in the year 2025 and he got a job in Kuwait. He has to report before the employer before 10.06.2025. His visa period will W.P.(Crl.).No.831 of 2025 4 2025:KER:47653 expire on 13.06.2025. The petitioner submitted an application for Police Clearance Certificate before the 5 th respondent. But, the 5th respondent requested the petitioner to furnish proof of clearance of the above numbered cases. The petitioner already obtained Exts.P5 and P6 orders from the Magistrate Court and it is also submitted that the third case is only a petty case and that was already closed as per Ext.P7. Even then the 5 th respondent is not taking any action. Hence, this Writ Petition(Crl.) is filed.
3. Heard the learned counsel appearing for the petitioner, the learned Public Prosecutor and also the learned DSGI.
4. This Court, in the judgment dated 16.09.2021 in WP(C) No.17204/2021, considered a similar situation. The relevant portion of the above judgment is 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 W.P.(Crl.).No.831 of 2025 5 2025:KER:47653 pending in any court as 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."
I think, a similar order can be passed in this case also. Therefore, this Writ Petition(Crl.) is disposed of directing the 5th respondent to issue a customized Police Clearance Certificate to the petitioner stating that there is a criminal case pending against the petitioner and that the criminal court has W.P.(Crl.).No.831 of 2025 6 2025:KER:47653 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 above. This shall be done, within a period of one week from today.
Sd/-
P.V.KUNHIKRISHNAN, JUDGE nvj W.P.(Crl.).No.831 of 2025 7 2025:KER:47653 APPENDIX OF WP(CRL.) 831/2025 PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE IDENTITY CARD ISSUED TO THE PETITIONER FROM SREE NARAYANA COLLEGE , CHEMPAZHANTHY DATED NIL EXHIBIT P2 A TRUE COPY OF THE VISA ISSUED FROM THE STATE OF KUWAIT TO THE PETITIONER DATED 14.04.2025 EXHIBIT P3 A TRUE COPY OF THE PASSPORT ISSUED TO THE PETITIONER BY THE PASSPORT AUTHORITY DATED 29.05.2018 EXHIBIT P4 A TRUE COPY OF THE LETTER ISSUED TO THE PETITIONER BY THE 5TH RESPONDENT DATED 22.01.2025 EXHIBIT P5 A TRUE COPY OF THE ORDER IN CRIME NO.
951/2024 ( KAZHAKOOTAM PS) AS C.C.NO.604/2023 OF THE HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT-II,ATTINGAL DATED 26.04.2025 EXHIBIT P6 A TRUE COPY OF THE ORDER IN CRIME NO.
160/2024 ( CANTONMENT PS) AS C.C.NO.176/2024 OF THE HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT-III, TVPM DATED 19.06.2025 EXHIBIT P7 A TRUE COPY OF THE ORDER IN CRIME NO.
2844/2019 (VANCHIYOOR PS) AS S.T.NO.904/2020 OF THE HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT-XI, TVPM DATED 27.03.2021 //TRUE COPY// PA TO JUDGE