Kerala High Court
Unnikrishnan P.S vs District Police Chief on 22 January, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:4781
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
WEDNESDAY, THE 22ND DAY OF JANUARY 2025 / 2ND MAGHA, 1946
WP(C) NO. 1624 OF 2025
PETITIONER:
UNNIKRISHNAN P.S,
AGED 33 YEARS
S/O SIVADASAN, PUTHENTHARAYIL,
THURAVOOR THEKKU,, MANAKODAM,
KUTHIATHODE P.O.,
ALAPPUZHA DISTRICT, PIN - 688540
BY ADV O.D.SIVADAS
RESPONDENTS:
1 DISTRICT POLICE CHIEF
MUKHAM PURAYIDOM, CIVIL STATION WARD,
ALAPPUZHA DISTRICT, PIN - 688012
2 STATION HOUSE OFFICER
KUTIYATHODU POLICE STATION,
KUTHIATHODU, ALAPPUZHA DISTRICT, PIN - 688533
3 DEPUTY SUPERINTENDENT OF POLICE,
CHERTHALA POLICE STATION, CHERTHALA (P.O)
ALAPPUZHA DISTRICT, PIN - 688524
GOVERNMENT PLEADER- SRI B S SYAMANTHAK
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 22.01.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:4781
WP(C). No.1624 of 2025 2
Dated this the 22nd day of January,2025
JUDGMENT
The writ petition is filed to direct the first respondent to issue a Non-Involvement in Offence (NIO) certificate @ Police Clearance (PCC) Certificate in favour of the petitioner as per the principles laid down by this Court in Bittu Geevarghese Kurian v. Station House Officer, Pulikeezhu Police Station, Pathanamthitta (2024 KHC Online 7375).
2. The petitioner is a tanker lorry driver, who is engaged in the transportation of aviation fuel from the Indian Oil Corporation Plant at Ambalamugal to the fuel depot at the Thiruvananthapuram Airport. To enable the petitioner to enter the airport premises, a daily permit is required from the Bureau of Civil Aviation Security. To apply for the daily permit, the petitioner has to submit a PCC. Even though the petitioner had submitted Ext. P3 2025:KER:4781 WP(C). No.1624 of 2025 3 application before the first respondent, the same was rejected by Ext. P6 letter on the ground that the petitioner is involved in Crime No. 137/2019 of the Kuthiathodu Police Station. In Bittu Geevarghese Kurian's case (supra), this Court has categorically held that even if a person is an accused in a crime, the same does not disentitle him from obtaining an involvement in offence certificate by mentioning the details of the crime. Ext. P6 is illegal and arbitrary. Hence, the writ petition.
3. Heard: the learned counsel for the petitioner and the learned Government Pleader.
4. It is an undisputed fact that the petitioner is an accused in Crime No.137/2019 registered by the Kuthiathode Police Station, Alappuzha.
5. Section 59 of the Kerala Police Act, 2011 ('Act' for short) lays down the procedure to be followed to issue a Non - Involvement in offence certificate, which reads as follows:
2025:KER:4781 WP(C). No.1624 of 2025 4 "59. Police to give certificates of non - involvement in offences. - 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 and after realising such charges as may be fixed by the Government in this regard."
6. The above provision unequivocally empowers the District Police Chief or a Station House Officer to issue a certificate stating that a person is not involved in any offence/crime, which is commonly known as a Non - Involvement in Offence (NIO) certificate @ Police Clearance Certificate.
7. The question whether an accused in a crime is entitled to a certificate under Section 59 of the Act is no longer res integra in view of the decision of this Court in Sasikumar v. State of Kerala (2023 KHC 254), where it is held as under:
"7. Whether on the basis of such a clearance certificate containing a statement on the involvement of the petitioner in a particular crime, he would obtain any permission to ply the vehicle is a different matter. However, the certificate need not be denied merely due to the pendency of a criminal case, especially when criminal cases do take a long period to be disposed of. Coupled with the delay, the presumption of innocence of an accused, that continue until trial is completed and the 2025:KER:4781 WP(C). No.1624 of 2025 5 judgment pronounced also compels this Court to adopt such a view.
8. Further, it is not the intention of S.59 of the Kerala Police Act, 2011 that whenever a criminal case is pending against an accused, he should be denied the opportunity even to attempt to obtain an employment, if a certificate from the police is required. There would be cases of offences which may have no bearing on the nature of employment.
9. In the above view of the matter, I direct the 3rd respondent to issue a police clearance certificate as contemplated under S.59 of KP Act specifying the existence of the criminal case along with its number, the type of offences, and the name of the court. The needful shall be done, within a period of three weeks from the date of receipt of a copy of this judgment".
8. In Rajendraprasad. T.V v. Union Territory of Lakshadweep (2023 KHC OnLine 10443), this Court has held as under:
"3. I find substantial merit in the submission of the learned Government Pleader. A Police Clearance Certificate cannot be issued to a person involved in a crime. At the same time, there cannot be any objection in issuing a certificate showing that the petitioner is involved in only one crime. The Writ Petition is accordingly disposed of, directing the 3rd respondent to issue certificate showing the petitioner's involvement is only in the crime now pending before the Judicial First Class Magistrate Court - I, Tirur, as CC No.29/2013. **** ***"
9. In addition to the above principles of law, the learned Government Pleader handed over a copy of the 2025:KER:4781 WP(C). No.1624 of 2025 6 Circular bearing No.3/2025/PHQ dated 9.1.2025 issued by the State Police Chief laying down the procedure to issue a NIO certificate, which has been promulgated in line with the law laid down by this Court.
10. In view of the declaration of law by this Court and the Circular of the State Police Chief, undoubtedly an accused in a crime is entitled to an NIO certificate, but by incorporating the details of the crime and the offence that the accused is charged with.
11. In the case on hand, indisputably, the petitioner is an accused in Crime No.137/2019. Therefore, the petitioner is entitled to an Involvement in Offences certificate in Annexure-II format as per the Circular of the State Police Chief, by including the details of the crime and offences.
In the result, the writ petition is disposed of in the following manner:
(i) Ext.P6 rejection notice is quashed.
2025:KER:4781 WP(C). No.1624 of 2025 7
(ii) The petitioner is permitted to file an application in Annexure-I form mentioned in the Circular before the competent respondents for an Involvement in Offences certificate. The application shall be submitted within one week from today.
(iii) If the petitioner submits the application as directed above, the competent among the respondents is directed to issue the petitioner an Involvement in Offences certificate in Annexure-II form as provided in the Circular, within two weeks from the date of receipt of the application.
The writ petition is ordered accordingly.
Sd/-
C.S.DIAS, JUDGE mtk/ 22.01.25 2025:KER:4781 WP(C). No.1624 of 2025 8 APPENDIX OF WP(C) 1624/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE HEAVY GOODS LICENSES ISSUED IN THE NAME OF THE PETITIONER BY THE SRTO, CHERTHALA FOR TRANSPORTING HAZARDOUS GOODS WHICH HIS VAILD UPTO 11.09.2025.
Exhibit P2 TRUE COPY OF THE ONE SUCH DAILY PERMIT ISSUED BY THE BUREAU OF CIVIL AVIATION TRUE COPY OF THE ONE SUCH DAILY PERMIT ISSUED BY THE BUREAU OF CIVIL AVIATION SECURITY, AIRPORT AUTHORITY AT THIRUVANANTHAPURAM ISSUED IN THE NAME OF THE PETITIONER ON 10.08.2024..
Exhibit P3 TRUE COPY OF THE APPLICATION MADE BY THE PETITIONER BEFORE THE 1ST RESPONDENT FOR THE ISSUANCE OF A POLICE CLEARANCE CERTIFICATE VIDE APPLICATION DATED 01.08.2024.
Exhibit P4 TRUE COPY OF THE RECEIPT ISSUED IN CONNECTION WITH EXHIBIT.P3 APPLICATION BY THE 1ST RESPONDENT ON 01.08.2024.
Exhibit P5 TRUE COPY OF THE FIR REGISTERED BY THE 2ND RESPONDENT AS CRIME NO.137/2019 OF KUTHIYATHODU POLICE STATION.
Exhibit P6 TRUE COPY OF THE REJECTION NOTICE ISSUED IN CONNECTION WITH EXHIBIT.P3 APPLICATION BY THE 1ST RESPONDENT ON 08.08.2024. Exhibit P7 TRUE COPY OF THE CERTIFICATE DATED 30.05.2022 ISSUED BY THE 1ST RESPONDENT IN THE NAME OF THE PETITIONER ALONG WITH TYPED COPY Exhibit P8 TRUE COPY OF THE DICTUM LAID DOWN IN THE MATTER OF BITTU GEEVARGHESE KURIAN V. STATION HOUSE OFFICER, PULIKEEZHU POLICE STATION, PATHANAMTHITTA REPORTED IN 2024 KHC ONLINE 7375.