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2025 Supreme(Online)(Ker) 55713

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
SHEBIN SHA – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.M.SHAJU PURUSHOTHAMAN, SRI.K.S.RAJESH
For the Respondents: SRI M P PRASANTH

ORDER

Dated this the 08th day of December, 2025 The petitioner is the counter petitioner in M.C.No.111/2025 pending before the Court of the Sub Divisional Magistrate, Irinjalakuda.

2. The petitioner has been served with Annexure-1 preliminary order directing him to show cause why he should not be ordered to execute a bond for Rs.50,000/- with two solvent sureties for the like sum to keep peace for a period of one year from 26.03.2025, as contemplated under Section 126 read with Section 130 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (‘ BNSS ’, in short). The petitioner has also been served with Annexure-5 notice directing him to appear before the above court.

3. The petitioner states that in Annexure-1 order the substance of the information is conspicuously absent, which is mandatory under Section 126 read with Section 130 of the BNSS , and the law laid down by this Court inMoidu vs. State of Kerala ( 1982 KHC 139 ). Therefore, Annexure-1 order may be quashed.

4. Heard; Sri.Shaju Purushothaman M, the learned Counsel for the petitioner and Sri.M.P.Prasanth, the learned Public Prosecutor.

5. In the above context it is necessary to refer to Sections 126 and 130 of the BNSS , wh

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