Kerala High Court
Bibin Baby vs State Of Kerala on 11 April, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
WP(C) NO. 14835 OF 2024
AGAINST THE ORDER/JUDGMENT DATED 06.01.2024 IN CC
NO.324 OF 2017 OF JUDICIAL FIRST CLASS MAGISTRATE
COURT, ANGAMALY
PETITIONER:
BIBIN BABY
AGED 39 YEARS, S/O BABY,
PALATTY HOUSE PADUVAPURAM., TABORE,
KARUKUTTY ERNAKULAM PIN - 683576.
BY ADVS.
P.M.ARUN DAS
JERRY VARGHESE
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY,
DEPARTMENT OF HOME AFFAIRS, GOVERNMENT.
SECRETARIAT, THIRUVANATHAPURAM - 695001.
2 REGIONAL PASSPORT OFFICER
REGIONAL PASSPORT OFFICE, KARINGACHIRA
ERNAKULAM DISTRICT, PIN - 682301.
3 THE STATION HOUSE OFFICER
ANGAMALY POLICE STATION,
ERNAKULAM DISTRICT - 683572.
BY ADVS.
T.C.KRISHNA, CENTRAL GOVERNMENT COUNSEL
REKHA C NAIR, SENIOR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 11.04.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No.14835 of 2024
:2:
JUDGMENT
Dated this the 11th day of April, 2024
The petitioner is a graduate and working as a
supervisor. The petitioner got married in the year 2013. They
are having three children also. The wife of the petitioner is a
nurse and now she is working as a nurse in United
Kingdom. The petitioner is not eligible for a dependent VISA
in United Kingdom.
2. The petitioner is arrayed as accused No.2 in
C.C.No.324 of 2017 on the file of the Judicial First Class
Magistrate Court, Angamaly. Evidence has not been started
in this case. The offences alleged in this case are under
Sections 447, 451, 326, 323 and 294(b) read with 34 of the
India Penal Code. Now, the petitioner has got a job in the
United Kingdom and he is aspiring for the job since 2013.
The petitioner filed a petition to issue non-objection for
permitting him for clearing the Passport before the Judicial
First Class Magistrate Court, Angamaly, contends the
Counsel for the petitioner.
3. Counsel for the petitioner submitted that in view
of the judgment of this Court in Siju v. Regional Passport
Officer [2021 SCC Online Kerala 9667], the petitioner is
entitled to get a Police Clearance Certificate even though a
crime is pending against the petitioner.
4. Deputy Solicitor General of India submitted that
taking into consideration the judgment of this Court in Siju v.
Regional Passport Officer (supra), the petitioner's
application for Police Clearance Certificate can be
considered and the petitioner can be issued with a
customised Police Clearance Certificate incorporating the
particulars of the criminal case pending against the
petitioner, if all other parameters are satisfied.
Taking into consideration the law laid down by this
Court in Siju v. Regional Passport Officer (supra), the writ
petition is disposed of directing the 2 nd respondent-Regional
Passport Officer to process the application for issuance of
Police Clearance Certificate and conclude the proceedings
taking note of the judgment of this Court in Siju v. Regional
Passport Officer (supra) and take appropriate decision
thereon, within a period of three weeks.
Sd/-
N. NAGARESH
JUDGE
ams
APPENDIX OF WP(C) 14835/2024
PETITIONER EXHIBITS
Exhibit P1 THE COPY OF THE ORDER OF THE JUDICIAL
FIRST CLASS MAGISTRATE COURT,
ANGAMALY DATED 06/01/2024 IN CRL.M.P.
NO. 4250/2023 IN C.C. 324/2017 DATED
06/01/2024
Exhibit P2 THE PHOTOCOPY OF THE RELEVANT PAGES
OF THE PASSPORT BEARING NO. X4072526
Exhibit P3 THE COPY OF THE POLICE CLEARANCE
CERTIFICATE APPLICATION FILED BY THE
PETITIONER BEFORE THE 2ND RESPONDENT
