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Dr. Rajeev vs The State Of Kerala
2026 Latest Caselaw 2443 Ker

Citation : 2026 Latest Caselaw 2443 Ker
Judgement Date : 30 March, 2026

[Cites 4, Cited by 0]

Kerala High Court

Dr. Rajeev vs The State Of Kerala on 30 March, 2026

Author: K. Babu
Bench: K. Babu
                                               2026:KER:28464
WP(C) NO. 12565 OF 2026

                                1


           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

               THE HONOURABLE MR.JUSTICE K. BABU

  MONDAY, THE 30TH DAY OF MARCH 2026 / 9TH CHAITHRA, 1948

                     WP(C) NO. 12565 OF 2026

     CRIME NO.50/2026 OF AROOR POLICE STATION, ALAPPUZHA

PETITIONER:

           DR. RAJEEV
           AGED 62 YEARS
           S/O PRABHAKARAN KAMBAKKARAN,
           KANDATHIL PARAMBIL, AMRUTHAM,
           AROOR VILLAGE, AROOR MURI,
           AROOR P.O., CHERTHALA TALUK,
           ALAPPUZHA DISTRICT., PIN - 688534


           BY ADVS.
           DR.V.N.SANKARJEE
           SHRI.V.N.MADHUSUDANAN
           SMT.R.UDAYA JYOTHI
           SMT. KEERTHI B. CHANDRAN
           SHRI.VIJAYAN PILLAI P.K.
           SMT.SHILPA P.S.
           SHRI.UNNIKRISHNAN H.
           SMT.SHRIYA MERLIN MAXWELL




RESPONDENTS:

     1     THE STATE OF KERALA
           REPRESENTED BY SECRETARY TO GOVERNMENT,
           HOME DEPARTMENT, GOVERNMENT SECRETARIAT,
                                                     2026:KER:28464
WP(C) NO. 12565 OF 2026

                                  2


             THIRUVANANTHAPURAM, THROUGH THE PUBLIC
             PROSECUTOR, HIGH COURT OF KERALA,
             ERNAKULAM., PIN - 682031

     2       THE STATION HOUSE OFFICER
             AROOR POLICE STATION,
             ALAPPUZHA DISTRICT., PIN - 688534

             BY ADV N RA SANGEETHA RAJ PP


      THIS    WRIT   PETITION    (CIVIL)   HAVING   COME    UP    FOR
ADMISSION     ON   30.03.2026,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
                                                            2026:KER:28464
WP(C) NO. 12565 OF 2026

                                      3



                             K.BABU, J.
                 -------------------------------------
                WP(C).No.12565 of 2026
                ----------------------------------------
          Dated this the 30th day of March, 2026

                                JUDGMENT

The prayers in the Writ Petition are as follows:

"a. Issue a writ in the nature of mandamus or any other appropriate writ, order or direction directing the 2nd respondent to issue Police Clearance Certificate to the petitioner as applied in Exhibit P7; b. Dispense with filing of the translation of vernacular documents; and c. Pass such other orders as this Honourable Court deems fit and proper in the facts and circumstances of the case. "

2. The petitioner is the accused in Crime No.

50 of 2026 of Aroor Police Station. He is alleged to have

committed offences punishable under Section 223 of the

Bharatiya Nyaya Sanhita (BNS), 2023, Section 15 of the

Environment Protection Act, 1986, and Sections 77(a) and

121 of the Kerala Police Act, 2011. The petitioner applied for

a Certificate of Non-Involvement in Offences before 2026:KER:28464 WP(C) NO. 12565 OF 2026

respondent No. 2.As the petitioner is involved in the case

referred to above, respondent No. 2 rejected the request.

The petitioner intends to travel to the Union Territory of

Lakshadweep for personal purposes. The petitioner seeks to

obtain a Police Clearance Certificate for applying for a

permit to travel to the Union Territory of Lakshadweep.

3. The learned Public Prosecutor submitted

that respondent No. 2 rightly rejected the request, as the

petitioner is involved in a criminal case.

4. As per Section 59 of the Kerala Police Act,

2011, the District Police Chief or the Station House Officer

may, on the application of any person, give a certificate to

the effect that such person is not involved in any offence,

after suitable enquiries.

5. This Court, in WP(Crl). No. 1206 of 2024,

observed that an application seeking a Police Clearance

Certificate shall not be rejected at the threshold, but the

authority may issue a Certificate in the form of

Involvement/Non-Involvement in Offences. Based on the 2026:KER:28464 WP(C) NO. 12565 OF 2026

directions in WP(Crl). No. 1206 of 2026, the State Police

Chief issued Circular No. 3/2025/PHQ dated 09.01.2025,

wherein the modalities for applying for a Certificate of

Involvement/Non-Involvement in Offences are narrated.

Therefore, the writ petition is disposed of directing

respondent No. 2 to issue a certificate styled as

"Involvement/Non-Involvement of offences" to the

petitioner, if he makes an application to that effect within a

period of two weeks from the date of production of a

certified copy of this judgment. In the said Certificate,

respondent No. 2 shall mention the nature of offences and

the details of the cases in which the petitioner is involved,

Sd/-

K. BABU JUDGE SPV 2026:KER:28464 WP(C) NO. 12565 OF 2026

APPENDIX OF WP(C) NO. 12565 OF 2026

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE FINAL REPORT DATED 28.2.2026 IN CRIME NO.50/2026 TOGETHER WITH FIRST INFORMATION REPORT DATED 3.2.2026 IN CRIME NO.50/2026 SUBMITTED BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-II EXHIBIT P2 TRUE COPY OF THE LETTER/INFORMATION NO.

KFDDO/6246/2026/DFOSFAPLY/A1 DATED 6.2.2026 WITH THE LIST OF TEMPLES (RELEVANT PAGES) ISSUED BY THE STATE PUBLIC INFORMATION OFFICER, ASSISTANT FOREST CONSERVATOR, ALAPPUZHA EXHIBIT P3 TRUE COPY OF THE ACKNOWLEDGMENT FOR RECEIPT OF MONEY DATED 15.1.2026 ISSUED FROM DISTRICT VETERINARY CENTER, ALAPPUZHA EXHIBIT P4 TRUE COPY OF THE LETTER DATED 15.1.2026 OF THE PETITIONER EXHIBIT P5 TRUE COPY OF THE INSURANCE POLICY DATED 16.1.2026 ISSUED BY THE NATIONAL INSURANCE COMPANY LTD.

EXHIBIT P6 TRUE COPY OF THE AIR TICKET DATED 15.1.2026 OF ALLIANCE AIR EXHIBIT P7 TRUE PRINT OUT OF THE ONLINE APPLICATION RECEIPT DATED 20.2.2026 WITH THE APPLICATION REJECTION STATUS DATED 10.3.2026 EXHIBIT P8 TRUE COPY OF THE UNNUMBERED APPLICATION DATED 12.3.2026 FOR DIRECTION IN C.C. NO.166/2026 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-II, CHERTHALA EXHIBIT P9 TRUE COPY OF THE ADVANCE APPLICATION C.M.P. NO.1/2026 IN C.C. NO.166/2026 DATED 12.3.2026 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-

2026:KER:28464 WP(C) NO. 12565 OF 2026

II, CHERTHALA EXHIBIT P10 TRUE COPY OF THE ORDER DATED 12.3.2026 IN C.M.P. NO.1/2026 IN C.C. NO.166/2026 EXHIBIT P11 TRUE COPY OF THE CORRECTED ORDER DATED 12.03.2026 IN C.M.P. NO.1/2026 IN C.C.

 
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