Citation : 2026 Latest Caselaw 2443 Ker
Judgement Date : 30 March, 2026
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.
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WP(C).No.12565 of 2026
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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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