Kerala High Court
Makesh Sivadasan vs State Of Kerala on 24 October, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2024:KER:79145
WP(CRL.) NO. 1116 OF 2024
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 24TH DAY OF OCTOBER 2024 / 2ND KARTHIKA, 1946
WP(CRL.) NO. 1116 OF 2024
PETITIONER:
MAKESH SIVADASAN, AGED 25 YEARS
S/ O. SIVADASAN,
PUTHENPURAYIL HOUSE
KULANJIKARASHMA,
VALIYAKULANGARA.P.O., MAVELIKKARA,
ALAPPUZHA DISTRICT , KERALA - 690 104.
BY ADVS.
N.N.SASI
HARISHANKAR S.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY HOME SECRETARY,
HOME DEPARTMENT, SECRETARIATE,
THIRUVANANTHAPURAM, PIN - 695 001.
2 REGIONAL PASSPORT OFFICER
REGIONAL PASSPORT OFFICE,
PANAMPILLY NAGAR.P.O.,
COCHIN, KERALA, PIN - 682 036.
SRI. NOUSHAD K. A. (PP)
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
24.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(CRL.) NO. 1116 OF 2024
2
BECHU KURIAN THOMAS, J
......................................................
W.P.(Crl.) No.1116 of 2024
...................................................
Dated this the 24th day of October, 2024
JUDGMENT
Petitioner seeks for a direction to the 2nd respondent to proceed
with the Police Clearance Certificate on the basis of Ext.P4 order
dated 05.10.2024 issued in CMP No.3007/2024 in
C.C.No.1839/2023 on the files of the Judicial First Class
Magistrate Court-I, Chengannur.
2. Petitioner is the second accused in C.C.No.1839/2023 on the
files of the Judicial First Class Magistrate Court-I, Chengannur,
arising out of Crime No.508/2023 of Mannar Police Station. The
offences alleged against the petitioner are under Sections
294(b), 323 and 324 of the Indian Penal Code, 1860.
3. Petitioner holds a postgraduate degree and has obtained a job in
Kuwait. Since the petitioner is involved in the aforementioned
case, he approached the learned Magistrate for permission to
travel abroad. By order dated 05.10.2024, the learned
Magistrate granted permission for the petitioner to go abroad.
2024:KER:79145
WP(CRL.) NO. 1116 OF 2024
Based on the said order, the petitioner approached the 2 nd
respondent-the Regional Passport Officer, for a Police Clearance
Certificate; however, the request was denied by the 2nd
respondent, who allegedly demanded a direction from this
Court. Hence, this petition.
4. Sri.T.C.Krishna, learned Senior Panel Counsel, upon instructions,
submitted that, if there are no other criminal proceedings
pending against the petitioner pursuant to receipt of information
from Police the certificate can be issued.
5. In view of the above, there will be a direction to the second
respondent to issue Police Clearance Certificate without delay, if
there are no other criminal cases pending against the petitioner
other than C.C.No.1839/2023 on the files of the Judicial First
Class Magistrate Court-I, Chengannur. The certificate can be
issued mentioning the pending criminal case and also the fact
that the learned Magistrate has granted permission to the
petitioner to travel abroad for two years.
The writ petition is disposed of.
Sd/-
BECHU KURIAN THOMAS
JUDGE
AMV/24/10/2024
2024:KER:79145
WP(CRL.) NO. 1116 OF 2024
APPENDIX OF WP(CRL.) 1116/2024
PETITIONER EXHIBITS
EXHIBIT P1 THE TRUE COPY OF THE FIR NO.508/2023 DATED
13-06-2023.
EXHIBIT P2 THE TRUE COPY OF INDIAN PASSPORT
NO.W5368500.
EXHIBIT P3 THE TRUE COPY OF THE VISA NO.264073151
DATED 26-08-2024.
EXHIBIT P4 THE TRUE COPY OF ORDER IN C.M.P.
NO.3007/2024 IN C.C. NO.1839/2023.
EXHIBIT P5 THE TRUE COPY OF THE PCC FORM FILED BEFORE
THE REGIONAL PASSPORT OFFICER, KOCHI DATED
08-10-2024.
