Kerala High Court
Anjunath vs State Of Kerala on 23 April, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 23RD DAY OF APRIL 2024 / 3RD VAISAKHA, 1946
WP(C) NO. 15580 OF 2024
PETITIONER:
ANJUNATH,
AGED 28 YEARS, S/O. SASIDHARAN NAIR,
SOUPARNIKA, VARENICKAL, THEKKEKARA P.O,
ALAPUZHA DISTRICT, KEARALA, PIN - 690107.
BY ADVS.
ALEXANDER GEORGE
THARA BOSE
ATHIRA RAMESH
LITA CHANDRAN.S
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY ITS SECRATARY,
HOME DEPARTMENT, SECRETARIAT,
THIRUVANANDHAPURAM, PIN - 695001.
2 THE DISTRICT POLICE CHIEF (RURAL),
DISTRICT POLICE OFFICE,
ALAPUZHA - 688012.
3 SUB INSPECTOR OF POLICE,
MAVELIKARA POLICE STATION,
ALAPUZHA DISTRICT, PIN - 690101.
4 REGIONAL PASSPORT OFFICER,
REGIONAL PASSPORT OFFICE,
PANAMPALLY NAGAR P.O,
COCHIN, PIN - 682036.
BY ADVS.
SRI. AJITH VISWANATHAN, GOVERNMENT PLEADER
T C KRISHNA, CENTRAL GOVERNMENT COUNSEL
W.P.(C)No.15580 of 2024
:2:
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 23.04.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C)No.15580 of 2024
:3:
JUDGMENT
Dated this the 23rd day of April, 2024
The petitioner is the 4th accused in C.C. No.563 of 2017
pending before the Judicial First Class Magistrate Court
No.1, Mavelikara alleging offence punishable under Sections
323, 324 and 506 read with 34 of Indian Penal Code. The
above case is based on Crime No.1344 of 2017 of
Mavelikara Police Station. There is no specific allegation
against the petitioner in the crime, contends the petitioner.
2. The petitioner obtained Passport bearing
No.R3527777 on 28.08.2017. At the time of applying for
Police Clearance Certificate, the petitioner had no idea about
the criminal case pending against him. He has not received
any notice from the police or any Court. Hence, he could not
intimate the same before the Passport Authority or Police
Department at the time filing application for Police Clearance
Certificate. When the petitioner came to know about the
criminal case, he appeared before the Judicial First Class
Magistrate Court No.1, Mavelikara and obtained bail on
04.03.2024.
3. Now, the petitioner has secured a job in Kuwait.
Immediately he filed CMP No.984 of 2024 before the Judicial
First Class Magistrate Court No.1, Mavelikara under Section
205 of Cr.P.C for exempting him from personally appearing
before the court below. After hearing both sides, the trial
court allowed the petition and the petitioner is exempted from
the personal appearance before the court below.
4. Immediately after the receipt of Ext.P3 order, the
4th respondent issued a notice dated 26.03.2024 to the
petitioner for a clarification regarding the Passport issued to
the petitioner on 28.08.2017.
5. The petitioner filed an explanation to the 4 th
respondent on 08.04.2024. The petitioner stated that he has
no idea about the criminal case pending and he has not
received any notice from the Court or Police. He has not
purposely suppressed the material fact in the Passport
application. In the absence of Police Clearance Certificate, it
will be impossible for the petitioner to obtain a Passport or to
complete Visa formalities as required and in the absence of
Visa clearance, the petitioner will not be permitted to travel
abroad.
6. On 23.07.2019, the 4th respondent issued Ext.P1
Police Clearance Certificate and it is stated that there is no
adverse information against the petitioner. At that time, the
petitioner had no idea about the criminal case. The petitioner
has not purposely or intentionally suppressed the material
facts before the authority for obtaining his Passport. The
petitioner therefore seeks to direct the 4 th respondent to
accept the explanation filed by the petitioner and close
further proceedings in Ext.P3 notice against the petitioner.
7. Since the presence of the accused is not
necessary to conduct the trial in the case, there is no legal
impediment in permitting the petitioner to go abroad. In fact,
there is no allegations against the petitioner in the case.
Moreover that the criminal case has been settled between
the parties. Due to the pendency of the crime, the petitioner
cannot go abroad and obtain any job. That is illegal and
against the principles of natural justice. Therefore, this Court
may allow the petitioner to go to abroad for a period of two
years, contends the Counsel for the petitioner.
8. 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.
9. 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) 15580/2024
PETITIONER'S EXHIBITS
Exhibit.P1 THE PASSPORT AUTHORITY ISSUED POLICE
CLEARANCE CERTIFICATE TO THE
PETITIONER ON 23/7/2019. THE TRUE COPY
OF THE POLICE CLEARANCE CERTIFICATE
ISSUED BY THE PASSPORT AUTHORITY DATED
23.7.2019.
Exhibit P2 THE TRUE COPY OF THE ORDER PASSED BY
THE HON'BLE MAGISTRATE COURT NO.1
MAVELAIKARA IN CMP NO.984/2024 IN CC
NO.563/2017 DATED 25.3.2024.
Exhibit P3 THE TRUE COPY OF THE NOTICE DATED
26.3.2024 ISSUED BY THE FOURTH
RESPONDENT TO THE PETITIONER.
Exhibit P4 THE TRUE COPY OF THE EXPLANATION FILED
BY THE PETITIONER BEFORE THE FOURTH
RESPONDENT DATED 8.4.2024.
Exhibit P5 THE TRUE COPY OF THE JUDGMENT IN W.P C
NO.26718/2019 DATED 9.10.2019 OF
HON'BLE HIGH COURT OF KERALA.
Exhibit P6 TRUE COPY OF THE ORDER PASSED IN CRL.
APPLICATION NO.446/2010 OF GUJRATH
HIGH COURT DATED 30.3.2010.
Exhibit P7 THE TRUE COPY OF THE ORDER PASSED IN
CRIMINAL APPLICATION (DIRECTION)
NO.2406/2014 DATED 4/7/2014.
