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2025 Supreme(Online)(Ker) 53699

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.Dias, J
Kiran – Appellant
Versus
State of Kerala – Respondent


Advocates:
For the Appellants/Petitioners: Sri.P.S.Anishad, Smt.Limna Bhaskaran, Shri.Vishnu.R, Smt.K.K.Sheeba, Smt.Dony C. Jose, Smt.Archana Mithran O.K., Smt.Sreeparvathi G.V.
For the Respondents: Public Prosecutor

Table of Content
1. the necessity for specifying details in preventive orders. (Para 1 , 2 , 3)
2. discussion on statutory provisions and procedural requirements. (Para 4 , 5)
3. judicial review regarding procedural compliance and past rulings. (Para 6 , 9 , 10)

ORDER

Dated this the 21st day of November, 2025 The petitioner is the counter petitioner in M.C.No.499/2025 on the file of the Court of the Sub Divisional Magistrate, Thrissur.

2. The petitioner has been served with Annexure-2 preliminary order directing him to show cause why he should not be ordered to execute a bond for Rs.1,00,000/- with two solvent sureties for the like amount, to keep peace for a period of one year as contemplated under Section 126 read with Section 130 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (‘ BNSS ’, in short). Subsequent to the said order the petitioner has also been served with Annexure-1 summons to appear before the Sub Divisional Magistrate.

3. The petitioner contends that Annexure-2 preliminary order is unsustainable in law because the Sub Divisional Magistrate has not set forth the substance of the information in the said order, which is mandatory under Section 126 read with Section 130 o

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