Kerala High Court
Aneesh vs State Of Kerala on 4 August, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
2025:KER:58101
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 4TH DAY OF AUGUST 2025 / 13TH SRAVANA, 1947
WP(CRL.) NO.1025 OF 2025
PETITIONER :-
ANEESH, AGED 36 YEARS
S/O. ABDUL KHADER, CHERUPULLIPARAMBIL HOUSE,
VENNALA, EDAPPALLY SOUTH, ERNAKULAM, PIN - 682 028
BY ADVS.
SHRI.BHARATH MURALI
SHRI.MANU NAIR G.
SHRI.AJAY SANKAR
SHRI.SIDHARTH MURALI
SRI.THOMAS P.MAKIL
RESPONDENTS :-
1 STATE OF KERALA
REPRESENTED BY THE STATION HOUSE OFFICER,
PANANGAD POLICE STATION ERNAKULAM, PIN - 682 506
2 THE REGIONAL PASSPORT OFFICER,
REGIONAL PASSPORT OFFICE, PANAMPILLY NAGAR (PO),
COCHIN, PIN - 682 036
SRI.C.S.HRITHWIK, SR.PP
SMT.O.M.SHALINA, DSGI
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 04.08.2025, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
WP(Crl.) No.1025 of 2025
-: 2 :-
2025:KER:58101
P.V.KUNHIKRISHNAN, J
--------------------------------
W.P(Crl.) No.1025 of 2025
--------------------------------------------------
Dated this the 4th day of August, 2025
JUDGMENT
This writ petition is filed with the following prayers :-
"i) To issue a writ of mandamus or any other appropriate
writ, order or direction commanding the 2 nd respondent
Regional Passport Officer to grant the Petitioner's
application for Police Clearance Certificate dated
16.05.2025(Exhibit P5), bearing Serial No.25-
1051720166, within a time frame fixed by this Hon'ble
Court.
ii) Grant such other reliefs as this Hon'ble Court may deem
just and proper in the interest of justice, including
costs." [SIC]
2. The petitioner is an accused in Crime No.346/2011 of
North Paravur Police Station. The petitioner filed Crl.M.P.
No.2775/2025 before the Sessions Court, Ernakulam to retain
the passport for a continuous period of four years for the travel
and to grant No Objection Certificate to facilitate his overseas
employment till 15.09.2029. As per Ext.P4 order, the Sessions
Court allowed the application with following conditions :-
"1. He shall furnish the address of his place of abode
during the relevant period and contact number before the
court.
2025:KER:58101
2. The petitioner shall return to India and appear
before this Court as and when required by this court.
3. He shall file an affidavit stating the date of
departure and date of arrival along with copies of journey
tickets.
4. He shall produce back his passport before this
Court on the expiry of one year.
5. He shall not shift himself to any other places
than the place mentioned in the petition without the
permission of this Court."
Now, the grievance of the petitioner is that the 2 nd respondent is
not issuing Police Clearance Certificate (PCC) even though the
court issued Ext.P4. Hence, this writ petition.
3. Heard the learned counsel for the petitioner, learned
DSGI and also the learned Public Prosecutor.
4. After hearing both sides, I am of the considered opinion
that this writ petition can be disposed of in tune with the
directions of this Court in Siju v. Regional Passport Officer
[2021 SCC OnLine Ker 9667]. Paragraphs 7 and 8 of the above
judgment are extracted hereunder :-
"7. In view of the above, notwithstanding
the crime registered against the petitioner as Crime No.
187/2021, there is no bar in issuing a Passport to the
petitioner. This is on account of two reasons (i) No
"criminal proceedings" are pending in any court as
2025:KER:58101
contemplated under law, and (ii) even if it is deemed to be
pending, since the petitioner has obtained permission
from the Magistrate's Court, he can be issued with a valid
Passport. If petitioner can be issued with a Passport, then
it fails all logic to refuse to issue him a police clearance
certificate by the Passport Authorities.
8. In such circumstances, there will be a
direction to the respondent to issue Police Clearance
Certificate to the petitioner, stating that there is a criminal
case pending against the petitioner and that the criminal
court has permitted the petitioner to go abroad to pursue
his employment. Such a certificate can be issued by
making appropriate changes in the specimen contained in
Appendix-32 referred to above. This shall be done within a
week from today."
In the light of the above observation, I think this revision can be
disposed of.
Therefore, this writ petition is disposed of directing the
2nd respondent to issue a customised PCC to the petitioner
stating that criminal case is pending against him and that the
criminal court has permitted the petitioner to go abroad to
pursue the employment, within one week from the date of
receipt of a copy of this judgment.
Sd/-
P.V.KUNHIKRISHNAN, JUDGE
Jvt
2025:KER:58101
APPENDIX OF WP(CRL.) 1025/2025
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE BAIL ORDER DATED 07.09.2011
IN CRLMC 1433/2011 PASSED BY THE SESSIONS COURT
ERNAKULAM
Exhibit P2 A TRUE COPY OF THE ORDER DATED 15.03.2024 IN
CRL.M.P. NO. 732/2024 IN CRL.M.C. NO. 1433/2011
PASSED BY THE ADDITIONAL SEXXIONS COURT VI
ERNAKULAM
Exhibit P3 A TRUE COPY OF THE PASSPORT
Exhibit P4 A TRUE COPY OF THE ORDER DATED 25.07.2025 IN
CRL.M.P. NO. 2775 OF 2025
Exhibit P5 A TRUE COPY OF THE PCC APPLICATION DATED
15/5/2025
