Renil Francis vs Arya P S
2022 Latest Caselaw 4451 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
            THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
   TUESDAY, THE 12TH DAY OF APRIL 2022 / 22ND CHAITHRA, 1944
                        CRL.MC NO. 2430 OF 2022
AGAINST THE JUDGMENT IN CC 1272/2021 OF JUDICIAL MAGISTRATE OF
                        FIRST CLASS -I,THRISSUR
PETITIONER:

             RENIL FRANCIS
             AGED 31 YEARS
             S/O FRANCIS, PUTHOOR HOUSE,
             ANJUR- MUNDOOR P.O.,
             THRISSUR-680541., PIN - 680541
             BY ADVS.
             M.R.DHANIL
             JISHY P.S.


RESPONDENTS:

    1        ARYA P S
             AGED 27 YEARS
             D/O SHAJU P.K., PULLIKOTTIL HOUSE,
             CHEROOR, VIYYUR P.O.,
             THRISSUR-680008., PIN - 680008
    2        STATE OF KERALA
             THROUGH THE STATION HOUSE OFFICER,
             VIYYUR POLICE STATION, THRISSUR.
             REP. BY ITS PUBLIC PROSECUTOR,
             HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031



             SMT. M. K. PUSHPALATHA, SR. GP.



     THIS    CRIMINAL   MISC.   CASE   HAVING   COME   UP   FOR   ADMISSION   ON
12.04.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.MC.2430 of 2022
                                         2



                                         ORDER

Dated 12th day of April,2022

The petitioner is the sole accused in Crime No.744 of 2021

of Viyyur Police Station, Thrissur District, alleging offence under

Section 498(A) of the Indian Penal Code, which led to the filing of

Annexure 2 final report. CC No.1272 of 2021 is pending before the

Judicial First Class Magistrate Court-1, Thrissur. The trial court had

granted permission to the petitioner to go abroad, but the second

respondent-SHO, Viyyur Police Station, is not issuing Police

Clearance Certificate citing the case instituted above as the reason.

The petitioner prays for a direction to the second respondent to issue

Police Clearance Certificate to the petitioner in view of Annexure 3

order of the Judicial First Class Magistrate Court -1, Thrissur.

2. I have heard the learned counsel for the petitioner as

well as the learned Public Prosecutor.

3. After hearing both sides and taking into account the fact

that the trial court had already allowed the petitioner to leave India

for the purpose of taking employment, I direct the Station House

Officer Viyyur Police Station, Thrissur to issue the necessary Police

Clearance Certificate to the petitioner at the earliest and at any rate

on or before 19.04.2022.

The Crl.M.C. is allowed as above.

Sd/-

MOHAMMED NIAS.C.P., JUDGE

dlk 12.4.22 Crl.MC.2430 of 2022

APPENDIX OF CRL.MC 2430/2022

PETITIONER'S ANNEXURES

Annexure1 TRUE COPY OF THE CRIME/F.I.R. NO.

744/2021 OF VIYYUR POLICE STATION, 02/11/2021.

Annexure2 TRUE COPY OF THE CHARGE SHEET/ FINAL REPORT SUBMITTED BY THE INVESTIGATING OFFICER, 06/12/2021.

Annexure3 TRUE COPY OF THE ORDER OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT NO. 1, THRISSUR, DATED 14/03/2022 IN CRIMINAL M.P. 960/2022 IN CC 1272/2021.

Annexure4 TRUE COPY OF THE PCC APPLICATION FORM, OF THE GOVERNMENT OF INDIA, MINISTRY OF EXTERNAL AFFAIRS, AND DATED 04/04/2022.