Dear all, I am on a bail from high court for the case under section 304-A. Now I want to go abroad -Singapore for job.Will I get a Police Clearance Certificate and positive Character certificate? If not , Then suggest me the right steps to be taken to get the police clearance certificate and character certificate. Thanks.
First answer received in 30 minutes.
Lawyers are available now to answer your questions.
You are entitled to police clearance certificate but it would mention pending criminal case
Police authorities cannot refuse to grant Police Clearance Certificate (PCC) to a citizen citing his involvement in a criminal case, the Kerala High Court has ordered. If the applicant is involved in a case, PCC must be issued after including the details of the case in it, the court directed.
As per procedure contemplated for criminal case the trail for case Under Section 304A IPC will be commenced by a magistrate case. Since the Section 304A IPC is bailable on the trail court will deal bail under Section 436 Cr.Pc. If the trail court denies for bail than matter will before Sessions/ District Court or may be before High Court. Since the offence under Section 304A is bailable and triable by magistrate, the trail court will grant bail. As per produced there no direct approach to High Court bail in 304A IPC case unless until there are any other non bailable Section/s alleged in FIR. No trial will conduct by High Court. according to you so far no trial started in your case. However since Section 304A IPC is non compoundable you have to appear before court and disprove case against you. You can get direction from high court for speedy disposal of case within stipulated time of 3 months or 6 six months.
The pcc is given by police according to thier routine detailed investigation conducted on the applicant .. If you have a criminal case pending against you and you are on bail , it cannot be ignored and will cause issues in granting clearance certificate
You cannot travel abroad for the purpose of employment while there is a criminal case pending against you.
The PCC will be negative hence your travel abroad may be under question.
You may have to wait for the disposal of the pending criminal case.
These certificates can only be given by order of the court, you will have to put an application in the court for modification of conditions of the bail.
Regards
