Vishnu S vs The Regional Passport Officer
2024 Latest Caselaw 32588 Ker

Kerala High Court

Vishnu S vs The Regional Passport Officer on 11 November, 2024

Author: D. K. Singh

Bench: D. K. Singh

WP(C) NO. 39718 OF 2024           1




                                                    2024:KER:83692
               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE D. K. SINGH

   MONDAY, THE 11TH DAY OF NOVEMBER 2024 / 20TH KARTHIKA, 1946

                       WP(C) NO. 39718 OF 2024


PETITIONER:

          VISHNU S
          AGED 26 YEARS
          S/O. SAJEEV, RESIDING AT VELIKKATTU MELATHIL,
          KANDACHIRA, PERINAD.P.O., PANAYAM VILLAGE, KOLLAM, PIN
          - 691601


          BY ADVS.
          S.SREEKUMAR (KOLLAM)
          NAMITHA RAJESH
          NITHYA V.D.




RESPONDENTS:

    1     THE REGIONAL PASSPORT OFFICER
          SNSM BUILDINGS, KARALKADAJUNCTION.P.O.,
          KAITHAMUKKU,THIRUVANANTHAPURAM-, PIN - 695024

    2     STATION HOUSE OFFICER
          ANCHALUMOODU POLICE STATION, KOLLAM-, PIN - 691601


          SRI.T.C. KRISHNA-DSG


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.11.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 39718 OF 2024             2




                                                     2024:KER:83692
                               JUDGMENT

The petitioner holds an Indian Passport bearing

No.W9766721. The validity of the said passport is up to 2033. The

petitioner is an accused in Crime No.193/2023 of Anchalumoodu

Police Station registered under Sections 341,323,326 read with

Section 34 of IPC. The said case is pending before the Court of the

Judicial First Class Magistrate - I, Kollam as CC No. 1050/2023.

2. The petitioner wants to go abroad and therefore, the

petitioner filed an application CMP No. 5950/2024 in the aforesaid

case seeking permission to go abroad. The learned Magistrate vide

order dated 26.09.2024 has allowed the petitioner to go abroad

for a period of three years. The petitioner wants Police Clearance

Certificate. However, the Police Clearance Certificate cannot be

granted to the petitioner as he is involved in a crime.

3. Heard Smt.Bea Mary Benny, learned counsel for the 1st

respondent. She submits that if the petitioner applies for a

customized Police Clearance Certificate, the said application shall

be considered in the light of the judgment passed by this Court in

Siju v. Regional Passport Officer [2021 SCC Online KER

2024:KER:83692 9667].

Considering the aforesaid facts and submissions, the present

writ petition is disposed of with liberty to the petitioner to file a

fresh application for a customized Police Clearance Certificate and

if the petitioner files the said application, the Regional Passport

Officer shall consider the said application in the light of the

judgment passed by this Court in Siju v. Regional Passport

Officer (supra) and take necessary decision on the application

expeditiously.

Sd/-D. K. SINGH JUDGE

lsn

2024:KER:83692 APPENDIX OF WP(C) 39718/2024

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE PASSPORT NO. W9766721 OF THE PETITIONER

Exhibit P2 TRUE COPY OF THE ORDER OF JFMC-I, KOLLAM IN CMP NO. 5950/2024 IN CC NO. 1050/23 DATED 26.09.2024