Satheeshkumar Rajagopal Pai vs State Of Kerala
2022 Latest Caselaw 12522 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                THE HONOURABLE MR.JUSTICE V.G.ARUN
     FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944
                      WP(C) NO. 41790 OF 2022
PETITIONER/S:

             SATHEESHKUMAR RAJAGOPAL PAI,
             AGED 72 YEARS
             S/O. RAJAGOPAL PAI, KAVITHA NIVAS, KUTHIYATHODU,
             P/W-12, THIRUMALA BHAGOM PO, THURAVOOR, ALAPPUZHA,
             PIN. 688548.
             BY ADVS.
             K.C.ELDHO
             S.BIJILAL

RESPONDENT/S:

      1      STATE OF KERALA,
             REPRESENTED BY SECRETARY TO THE GOVERNMENT
             DEPARTMENT OF HOME AFFAIRS, GOVERNMENT SECRETARIAT
             THIRUVANANANTHAPURAM - 695001.
      2      THE DISTRICT POLICE CHIEF,
             OFFICE OF THE DISTRICT POLICE CHIEF ALAPPUZHA -
             688001.
      3      THE STATION HOUSE OFFICER,
             KUTHIYATHODU POLICE STATION ALAPPUZHA - 688533.
OTHER PRESENT:

             GP SMT AMMINIKUTTY K


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   23.12.2022,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.(C)NO.41790 OF 2022
                                          2


                                 JUDGMENT

Dated this the 23rd day of December, 2022

The petitioner is working as the Deputy General

Manager, Cochin International Airport Limited. The

nature of his duty require the petitioner to carry an

Airport Entry Pass issued by the Bureau of Civil

Aviation. For obtaining the Pass, the petitioner has to

produce Police Clearance Certificate. The petitioner's

predicament is that, by reason of his alleged

involvement in crime No.1058/2021 of the

Kuthiyathodu Police Station, now pending as

C.C.No.108/2022 on the files of Judicial First Class

Magistrate-I, Cherthala, his application for Police

Clearance Certificate is declined.

2. Learned counsel for the petitioner submitted

that all further proceedings in C.C.No.108/2022 has

been stayed by this Court as per Ext.P5 order.

Therefore, the Police is not justified in refusing to

issue Police Clearance Certificate. W.P.(C)NO.41790 OF 2022

3. Learned Government Pleader submitted, on

instructions, that, the reason for rejection of

petitioner's request for issuance of Police Clearance

Certificate is registration of the crime and pendancy

of C.C.No.108/2022.

4. In so far as the Calendar Case, which

originated from the crime registered against the

petitioner, is stayed by this Court, the Police will

have to take a re-look at the request for issuance

of Police Clearance Certificate.

The writ petition is accordingly disposed of

directing the 2nd and 3rd respondents to consider

Ext.P6 and P7, after adverting to the interim order

in Crl.M.C.No.7922/2022. The decision, as directed

above, shall be taken within two weeks of receipt of

a copy of this judgment.

Sd/-

V.G.ARUN

JUDGE NB/22-12 W.P.(C)NO.41790 OF 2022

APPENDIX OF WP(C) 41790/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE IDENTITY CARD OF THE PETITIONER. Exhibit P2 A TRUE COPY OF THE TEMPORARY ENTRY PERMIT NO.

COK2022-102308 ISSUED TO THE PETITIONER. Exhibit P3 A TRUE COPY OF FIR IN CC NO. 108 OF 2022 ON THE FILE OF JFCM-I, CHERTHALA.

Exhibit P4 A TRUE COPY OF THE CHARGE SHEET IN CC NO.108 OF 2022 ON THE FILE OF JFCM-I, CHERTHALA.

Exhibit P5 A TRUE COPY OF THE STAY ORDER IN CRL. MC NO.7922 OF 2022 BEFORE HIGH COURT OF KERALA, ERNAKULAM. Exhibit P6 A TRUE COPY OF THE REPRESENTATION DATED 29/11/2022 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

Exhibit P7 A TRUE COPY OF THE RECEIPT OF THE ONLINE APPLICATION SEEKING CLEARANCE CERTIFICATE FROM THE 2ND RESPONDENT.