Kerala High Court
WP(C)/8401/2025 of DEEPAK, Vs THE UNION OF INDIA, on 3 April 2025
COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947 WP(C) NO. 8401 OF 2025 CRIME NO.324/2019 OF Kunnamkulam Police Station, Thrissur PETITIONER/S: DEEPAK, AGED 30 YEARS S/O. BHASKARAN, AGASTHYAPURATH HOUSE, PALLOOR
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947
WP(C) NO. 8401 OF 2025
CRIME NO.324/2019 OF Kunnamkulam Police Station, Thrissur PETITIONER/S:
DEEPAK,
AGED 30 YEARS
S/O. BHASKARAN, AGASTHYAPURATH HOUSE, PALLOOR
DESOM, MUKUNDPURAM TALUK, THRISSUR DISTRICT, PIN - 680683
BY ADVS.
N.L.BITTO
MITHUL T ANTO
RESPONDENT/S:
THE UNION OF INDIA,
REP. BY ITS SECRETARY TO THE GOVERNMENT, EXTERNAL
AFFAIRS MINISTRY, NEW DELHI, PIN - 110001
THE REGIONAL PASSPORT OFFICER,
REGIONAL PASSPORT OFFICE, PANAMPILLY NAGAR, COCHIN, ERNAKAULAM DISTRICT, PIN - 682036
THE STATE OF KERALA,
REP. BY THE SECRETARY TO THE GOVERNMENT, HOME
DEPARTMENT, GOVERNMENT, SECRETARIAT,
THIRUVANANTHAPURAM. PIN:695001
STATION HOUSE OFFICER,
ALOOR POLICE STATION, KALLETTUMKARA P.O., THRISSUR
DISTRICT. PIN 680683 (ADDL R3 AND R4 IMPLEADED AS
PER ORDER DATED 17/03/2025 IN IA /1/2025 IN WP(C)
8401/2025)
OTHER PRESENT:
SRI. SREEJITH V.S., GP, SRI.T.C.KRISHNA, DSGI
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 03.04.2025, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
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JUDGMENT
The petitioner has approached this Court seeking the following reliefs; “i. Issue a writ of Mandamus or any other appropriate writ, order or direction commanding respondents to issue Police Clearance Certificate to the petitioner in a time bound manner.
ii. To pass any such or further orders as the petitioner may seek and this Hon’ble Court deem fit to grant.”
2. The learned Government Pleader submits, on instructions, that a final report has been filed in Crime No.324 of 2019 of Peramangalam Police Station and the matter is now pending as C.C.No.91 of 2021 before the Judicial First Class Magistrate Court, Kunnamkulam. It is submitted that the petitioner is an accused in the aforesaid case and without the petitioner obtaining permission from that court to travel abroad, the question of directing the Passport Authority to issue a Police Clearance Certificate (PCC) does not arise.
3. Having heard the learned counsel appearing for the petitioner, learned Government Pleader and the learned Deputy Solicitor General of India appearing for the Passport Authority, I am of the view that there is considerable merit in the contention taken by the learned Government Pleader that the petitioner must first obtain permission from the Judicial First Class Magistrate Court, Kunnamkulam, where CC No.91 of 2021 is pending against him, permitting him to go abroad before a direction can be issued to the Passport Authority to issue a Police Clearance Certificate to the petitioner. This is necessary to ensure that the petitioner cooperates with the trial of CC No.91 of 2021 and does not evade the process of court. Therefore, this writ petition will stand disposed of, directing that if the petitioner produces permission from the Judicial First Class Magistrate Court, Kunnamkulam where C.C.No.91 of 2021 is pending against him permitting to go abroad and if the petitioner makes an application for issuance of PCC, the 2nd respondent- Regional Passport Authority will issue a customized PCC, clearly mentioning the details of the criminal case registered against the petitioner. The needful shall be done within a period of two weeks from the date on which permission from the Judicial First Class Magistrate Court, Kunnamkulam is placed before the 2nd respondent.
Sd/-
GOPINATH P. JUDGE Scl/
APPENDIX OF WP(C) 8401/2025 PETITIONER EXHIBITS Exhibit-P1 A TRUE COPY OF THE PASSPORT NO. C 7977704 ISSUED FROM THE REGIONAL PASSPORT OFFICE KOCHI DATED 5/2/2025 Exhibit-P2 A TRUE COPY OF THE WORK VISA NO.270547282 ISSUED BY THE STATE OF KUWAIT DATED 19/2/2025 Exhibit-P3 A TRUE COPY OF THE APPLICATION PREFERRED BY THE PETITIONER FOR POLICE CLEARANCE CERTIFICATE DATED 10/2/2025 Exhibit-P4 A TRUE COPY OF THE FIR IN CRIME NO. 324 OF 2019 OF PERAMANGALAM POLICE STATION DATED 9/4/2019