Kerala High Court
Mohanlal T V vs State Of Kerala on 21 November, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2024:KER:87645
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. 1237 OF 2024
PETITIONER:
MOHANLAL T V,
AGED 45 YEARS
S/O BALAN,
THAMBURAN VALAPPIL HOUSE,
VELLUR P.O, PAZHAYATHERU,
KANNUR, PIN - 670307
BY ADV. UNNI. K.K. (EZHUMATTOOR)
RESPONDENTS:
1 STATE OF KERALA
REPRESEMTED BY SECRETARY TO GOVERNMENT HOME
DEPARTMENT, SECRETARIATE,
THIRUVANANTHAPURAM, PIN - 695001
2 STATION HOUSE OFFICER
PAYYANUR POLICE STATION,
PAYYANUR, KANNUR DISTRICT, PIN - 670307
BY ADV. SREEJA V.,
PUBLIC PROSECUTOR
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 21.11.2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
2024:KER:87645
W.P.(Crl.) No.1237 of 2024
-:2:-
BECHU KURIAN THOMAS, J.
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W.P.(Crl.) No.1237 of 2024
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Dated this the 21st day of November, 2024
JUDGMENT
Petitioner applied for issuance of a certificate of non-
involvement in crime. However, since petitioner is involved in Crime
No.817/2024 and in Crime No.449/2023, both of Payyannur Police
Station, the Police issued a certificate rejecting his request.
2. I have heard Sri. Unni.K.K., the learned counsel for the
petitioner and Smt. Sreeja.V., the learned Public Prosecutor.
3. In the decision in Sasikumar v. State of Kerala [2023
KHC Online 254], this Court has observed after referring to the Kerala
Police Act, 2011 that when a criminal case is pending against a person,
he should not be denied the opportunity to attempt to obtain
employment and if a certificate is required by the employer, Police can
issue a certificate referring to the cases pending against him.
4. The certificate in the instant case issued as Exhibit-P6
indicates that petitioner's application is rejected. Hence, the said
procedure would be prejudicial to the petitioner.
5. In the above view of the matter, I set aside Exhibit-P6
rejection notice and direct the second respondent to issue a Certificate
2024:KER:87645
as contemplated under Section 59 of the Kerala Police Act, specifying
the existence of the criminal case along with its number, the type of
offences, and the name of the court without incorporating the term
"rejection". The needful shall be done within a period of three weeks
from the date of receipt of a copy of this judgment.
The writ petition is disposed of.
Sd/-
BECHU KURIAN THOMAS
JUDGE
Jka/21.11.24.
2024:KER:87645
APPENDIX OF WP(CRL.) 1237/2024
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE FIR IN CRIME NO.
449/2023 OF PAYYANUR POLICE DATED
03/04/2023.
Exhibit P2 TRUE COPY OF THE FIR IN CRIME
NO.817/2023OF PAYYANUR POLICE DATED
17/06/2023.
Exhibit P3 TRUE COPY OF THE AFFIDAVIT DATED
22.8.2023 OF T V JANAKI IN CRIME
NO.449/2023 OF PAYYANNUR POLICE.
Exhibit P4 TRUE COPY OF THE AFFIDAVIT DATED
22.8.2023 OF T V JANAKI IN CRIME
NO.817/2023 OF PAYYANNUR POLICE.
Exhibit P5 TRUE COPY OF THE APPLICATION DATED
10.07.2024 SUBMITTED BY THE PETITIONER.
Exhibit P6 TRUE COPY OF THE REJECTION NOTICE DATED
13.07.2024 OF THE 2ND RESPONDENT.
Exhibit P7 TRUE COPY OF THE JUDGMENT DATED 8.8.2016
IN W.P[C] NO.25839/2016( NEUTRAL CITATION
2016 KER 34850).
