Jins Jose vs State Of Kerala

K.Babu, J

The petitioner seeks a direction to the additional respondent No.3 to issue a Police Clearance Certificate so as to facilitate him to obtain a travel document to go abroad.

The petitioner is accused No.2 in Crime No.347 of 2020 of Peravur Police Station registered alleging offences punishable under Sections 323, 324, 308, 427, and 34 of IPC, which is now pending as S.C.No.271 of 2021 on the file of the Judicial Additional District and Sessions Court, Thalassery.

The petitioner had applied for a Police Clearance Certificate before the Court below. The Court below rejected the application holding that it has no power to issue the Police Clearance Certificate.

Heard both sides.

It is submitted that the petitioner is the holder of a valid Passport and in view of the pendency of the criminal case against him, a Police Clearance Certificate as provided in Passport Manual is required.

The petitioner holds an Indian Passport bearing No. U4085195.

As per Clause (f) of sub-section (2) of Section 6 of the Passports Act, 1967, the passport authority shall refuse to issue a travel document for visiting any foreign country on the ground that proceedings in respect of an offence alleged to have been committed by the applicant are pending before a criminal Court in India. As per notification dated 25.08.1993, issued by the Ministry of External Affairs, the Government of India has exempted citizens of India, against whom proceedings in respect of an offence alleged to have been committed by them are pending before a criminal Court in India, who produce orders from the Court concerned permitting them to depart from India, from the operation of the provisions of Clause (f) of sub-section (2) of Section 6 of the Passports Act, 1967.

Having considered the nature of the allegations levelled against the petitioner in the crime registered against him, I am of the view that the petitioner shall not be deprived of his right to travel abroad for obtaining a job.

While considering a similar fact situation this Court in W.P(C) Nos.17204 of 2021 and 34229 of 2022 has directed issuance of the Police Clearance Certificate stating the pendency of the criminal case against the parties concerned by making appropriate changes in the standard format.

In the light of the orders of this Court in the above referred writ petitions, this Crl.M.C. is disposed of directing additional respondent No.3 to issue the Police Clearance Certificate to the petitioner, stating that there is a criminal case pending against the petitioner.