Pendency Of Criminal Case No Ground To Deny Police Clearance Certificate: Kerala High Court
Anamika MJ
17 Aug 2026 4:20 PM IST
Applicant's involvement in crime can be disclosed, Court said.
The Kerala High Court has held that a police clearance certificate under Section 59 of the Kerala Police Act, 2011 need not be denied to a person merely due to pendency of a criminal case. It added that a certificate can be issued by incorporating a statement regarding the involvement of the applicant in the crime. [2026 LiveLaw (Ker) 451]
Justice Bechu Kurian Thomas issued the order in a petition seeking directions for issuance of a Police clearance certificate.
The petitioner, who intends to start a business in home stay/ resorts is required to obtain a license from the Tourism Department, Government of Kerala. As part of obtaining the license, a police clearance certificate should also be obtained. Even though the petitioner applied for a police clearance certificate, the same was declined pointing out the existence of four criminal cases against him.
In an affidavit submitted before the Court, the concerned Station House Officer submitted that pursuant to the receipt of the application by the petitioner, an enquiry was conducted, which revealed that the petitioner was involved in four criminal cases before different police stations. It was further submitted that the police clearance certificate is a certification by the jurisdictional police regarding the antecedents of an applicant, hence it is not possible to issue the certificate.
The Court, after recording the submission noted that a Certificate under Section 59 of the Kerala Police Act, 2011 need not be denied merely due to the pendency of a criminal case and the certificate issued can incorporate a statement regarding the involvement of the applicant in the crime.
“Whether the involvement of the petitioner in such a crime is conducive for the grant of licence or permission sought for, is a matter to be considered by the appropriate authority or employer, as the case may be. However, the same is not a reason to deny issuance of certificate as requested for. In fact, Section 59 of the Kerala Police Act, 2011, identifies the certificate to be issued as involvement/non involvement of the applicant in a case.” Court added.
The Court thus quashed the communication refusing the issuance of the clearance certificate and directed the concerned Station House Officer to expeditiously issue a certificate referring to the involvement/ non-involvement of the petitioner in offences.
Case Title: Peter T.V v District Police Chief
Case No: WP(C) 20298/ 2026
Citation: 2026 LiveLaw (Ker) 451
Counsel for Petitioner: Jackson John, Abhishek Antony
Counsel for Respondents: Anirudh Kadavil (GP)
