Kerala High Court
Sarath Gopi vs The Sub Inspector Of Police on 10 June, 2021
W.P.(C)No.12002/2021 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 10TH DAY OF JUNE 2021 / 20TH JYAISHTA, 1943
WP(C) NO. 12002 OF 2021
PETITIONER:
SARATH GOPI
AGED 28 YEARS
S/O. K.V.GOPI, KODUMBIL HOUSE, SOUTH CHITTOOR P.O.,
ERNAKULAM, PIN-682027.
BY ADVS.K.R.VINOD
M.S.LETHA
RESPONDENTS:
1 THE SUB INSPECTOR OF POLICE
CHERANELLOOR POLICE STATION, ERNAKULAM, PIN-682034.
2 THE ASSISTANT COMMISSIONER OF POLICE,
KOCHI CITY, OFFICE OF THE ASSISTANT COMMISSIONER OF
POLICE, ERNAKULAM, PIN-682018.
3 THE CITY POLICE COMMISSIONER,
OFFICE OF THE CITY POLICE COMMISSIONER, KOCHI CITY,
PARK AVENUE ROAD, ERNAKULAM, PIN-682018.
BY ADV K.R.VINOD
OTHER PRESENT:
SMT. VIDYA A.C GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
10.06.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)No.12002/2021 2
JUDGMENT
This writ petition has been filed seeking a direction to the respondents to
issue a Police Clearance Certificate to the petitioner for production before the
Cochin Shipyard Limited in connection with the proposed employment of the
petitioner by that Organisation.
2. The Police Clearance Certificate was refused by the 1st respondent
on the ground that the petitioner is an accused in Crime No.604/2020 of
Cheranelloor Police Station.
3. The learned counsel for the petitioner submits that this Court in
W.P.(C)No.30220/2014 and in W.P.(C)No.14360/2015 had directed the
issuance of a Clearance Certificate after endorsing the fact that the person
concerned is an accused in a criminal case.
4. The learned Government Pleader, on the other hand, submits that
a Police Clearance Certificate can be issued only if the petitioner is not involved
in any offence. She submits that the petitioner was involved in a case where he
obstructed the Police officers from discharging their duties. She submits that
the incident in question occurred when the Police officials were rendering
police protection on the basis of directions issued by this Court in
W.P.(C)No.16208/2020. Regarding the judgments of this Court, which are
relied on by the learned counsel for the petitioner, she submits that in
W.P.(C)No.14360/2015 which decided after the judgment in
W.P.(C)No.30220/2014, this Court only directed the issuance of a certificate
and not a Clearance Certificate as requested for by the petitioner.
5. Having considered the rival submissions, I am of the view that the
petitioner is entitled to a certificate that will also indicate his involvement in
Crime No.604/2020 of Cheranelloor Police Station. I am in respectful
agreement with the view taken by this Court in W.P.(C)No.14360/2015 where
this Court directed the issuance of such certificate.
Accordingly, this writ petition will stand disposed of directing the 1 st
respondent to issue a certificate to the petitioner including the details of Crime
No.604/2020 of Cheranelloor Police Station to enable the petitioner to
produce the same before his prospective employer, the Cochin Shipyard
Limited. Such a certificate shall be issued without any delay and at any rate,
within one week from the date of production of a certified copy of this
judgment, before the 1st respondent.
Sd/-
GOPINATH P.
JUDGE
acd
APPENDIX OF WP(C) 12002/2021
PETITIONER ANNEXURE
Exhibit P1 TRUE COPY OF THE APPLICATION SUBMITTED BY
THE PETITIONER FOR ISSUING POLICE
CLEARANCE CERTIFICATE BEFORE THE 1ST
RESPONDENT DATED 28.04.2021.
Exhibit P2 TRUE COPY OF THE CHALLAN EVIDENCING THE
REMITTANCE OF FEES DATED 28.4.2021.
Exhibit P3 TRUE COPY OF THE COMMUNICATION ISSUED TO
THE PETITIONER BY THE STATION HOUSE
OFFICER, CHERANELLOR POLICE STATION DATED
23.5.2021.
Exhibit P4 TRUE COPY OF THE APPLICATION SUBMITTED BY
THE PETITIONER BEFORE THE 2ND RESPONDENT
DATED 6.6.2021.
