Indrajith.H vs The State Of Kerala
2024 Latest Caselaw 33525 Ker

Kerala High Court

Indrajith.H vs The State Of Kerala on 21 November, 2024

Author: Bechu Kurian Thomas

Bench: Bechu Kurian Thomas

                                                      2024:KER:87438




            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
        THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 21ST DAY OF NOVEMBER 2024 / 30TH KARTHIKA, 1946
                     WP(CRL.) NO. 1232 OF 2024

PETITIONER:

            INDRAJITH.H
            AGED 24 YEARS
            S/O. HARILAL,
            AATTUPURATHU MANNEL,
            SINKARAPPALLY, KODUVILA P.O,
            KOLLAM DISTRICT, PIN - 691502

            BY ADV M.AJITH (KARICODE)


RESPONDENTS:

    1       THE STATE OF KERALA
            REPRESENTED BY THE PUBLIC PROSECUTOR,
            HIGH COURT OF KERALA, PIN - 682018

    2       THE STATION HOUSE OFFICER
            KUNDARA POLICE STATION,
            ELAMPALLOOR, KOLLAM DISTRICT, PIN - 691504

    3       THE REGIONAL PASSPORT OFFICER
            REGIONAL PASSPORT OFFICE,
            SNSM BUILDING, KARALKADA JUNCTION, PETTAH PO.,
            THIRUVANANTHAPURAM DISTRICT, PIN - 695024

            BY ADVS.
                    NOUSHAD.K.A.,
                    PUBLIC PROSECUTOR
                     SRI. T.C.KRISHNA,
                     SENIOR PANEL COUNSEL


     THIS     WRIT   PETITION   (CRIMINAL)   HAVING   COME   UP   FOR
ADMISSION ON 21.11.2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
                                                           2024:KER:87438
W.P.(Crl.) No.1232 of 2024
                                    -:2:-




                      BECHU KURIAN THOMAS, J.
                     ---------------------------------------
                       W.P.(Crl.) No.1232 of 2024
                     ---------------------------------------
                 Dated this the 21st day of November, 2024


                                JUDGMENT

Petitioner is the accused in C.C. No.1116/2023 on the files of

the Judicial First Class Magistrate Court-I, Kollam, alleging commission of

offences punishable under Sections 279 and 304(A) of the Indian Penal

Code, 1860, apart from other offences under the Motor Vehicle Act,

1988. He alleges that he has been granted permission by the Judicial

First Class Magistrate Court-I, Kollam, to travel abroad. However, he

seeks a direction for the issuance of a Police Clearance Certificate to

enable him to obtain employment abroad.

2. The learned counsel for the petitioner submitted that

petitioner intended to travel to Lithuania to get an employment, and in

the absence of a Police Clearance Certificate, the employer would be

unwilling to grant the employment.

3. Having heard the learned counsel for the petitioner and the

learned Public Prosecutor and the learned Senior Panel Counsel,

appearing for the third respondent, I am of the view that this writ

petition can be disposed of with a direction.

4. Since this Court has observed in other cases earlier that

Police Clearance Certificate can be issued even to persons involved in 2024:KER:87438

crimes by referring to the case number and the nature of the offence

alleged, I am of the view that a similar direction can be issued in the

instant case also.

5. In the result, there will be a direction to the third respondent

to issue a Certificate to the petitioner stating that he is involved in a

crime and that the Magistrate has granted permission to him to travel

abroad, apart from providing the crime number and the court in which

the case is pending. The certificate as directed above shall be issued at

the earliest without undue delay.

The writ petition is disposed of as above.

Sd/-

BECHU KURIAN THOMAS JUDGE Jka/21.11.24.

2024:KER:87438

APPENDIX OF WP(CRL.) 1232/2024

PETITIONER'S EXHIBITS Exhibit P1 A TRUE COPY OF THE FIR IN CRIME NO.2173/2022 OF THE KUNDARA POLICE STATION DATED 26.12.2022.

Exhibit P2 A TRUE COPY OF THE RELEVANT PAGES OF THE CHARGE SHEET IN CC NO.1116/2023 PENDING BEFORE THE JFCMC-I, KOLLAM DATED 28.01.2023.

Exhibit P3 TRUE COPY OF THE ORDER IN C.M.P NO.3199/2024 IN CC.NO.1116/2023 OF THE JFCMC-I, KOLLAM DATED 20.6.2024.

Exhibit P4 TRUE COPY OF THE POLICE CLEARANCE CERTIFICATE ISSUED BY 3RD RESPONDENT HEREIN TO THE PETITIONER DATED 03.7.2024.