Kerala High Court
Johny Alexander Duran Sola vs State Of Kerala on 23 September, 2021
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
Thursday, the 23rd day of September 2021 / 1st Aswina, 1943
WP(C) NO. 18731 OF 2021
PETITIONER:
JOHNY ALEXANDER DURAN SOLA (CORRECTLY SPELLED AS JHONNY ALEXANDER
DURAN SOLA), AGED 38 YEARS, S/O. DANIEL DURAN ANAYA, PERMANENTLY
RESIDING AT BARRIO SAN JACINTO, COLONIA HARRIZON, CALLE LARA, # 106,
SAN SALVADOR, EL SALVADOR PRESENTLY UNDER CUSTODY AT CENTRAL PRISON
AND CORRECTION HOME, VIYYUR, THRISSUR - 680010.
RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, HOME DEPARTMENT,
GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM - 695001.
2. THE UNION OF INDIA, REPRESENTED BY THE MINISTRY OF HOME AFFAIRS,
NORTH BLOCK, CENTRAL SECRETARIAT, NEW DELHI - 110001.
3. THE FOREIGN REGIONAL REGISTRATION OFFICER (FRRO), COCHIN
INTERNATIONAL AIRPORT, 2ND FLOOR, AIRLINES BUILDING, NEDUMBASSERY-
683111.
4. THE SUPERINTENDENT ,CENTRAL PRISON AND CORRECTION HOME, VIYYUR,
THRISSUR - 680010.,
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to allow the following prayers during the pendency of the above
Writ Petition (Civil):
i. Direct the respondents herein to release the petitioner during
the pendency of the above W.P.(C) to arrange for his travel documents; or
ii. Direct the respondents herein to shift the petitioner during the
pendency of the above W.P.(C) into a detention centre.
This petition coming on for orders upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
SMT. NIHARIKA HEMA RAJ, Advocate for the petitioner, GOVERNMENT PLEADER
for R1 and R4 and of ASSISTANT SOLICITOR GENERAL OF INDIA for R2 and R3,
the court passed the following:
p.t.o
P.V.KUNHIKRISHNAN, J
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W.P.(C) No.18731 of 2021
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Dated this the 23rd day of September, 2021
O R D E R
The learned Government Pleader takes notice for respondents 1 and 4. The learned ASGI takes notice for respondents 2 and 3.
There shall be an interim direction that the petitioner will be allotted separate cell and granted the facility of 'A' class prisoner provisionally and subject to further orders in this writ petition.
Sd/-
P.V.KUNHIKRISHNAN JUDGE DM 23-09-2021 /True Copy/ Assistant Registrar