ORDER

The petitioner is the counter petitioner in M.C.No.196/2025 pending before the Court of the Sub Divisional Magistrate, Kollam.

2. The petitioner has been served with Annexure-1 order under Section 129 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (‘ BNSS ’, in short). The above Court has directed the petitioner to show case why he should not be ordered to execute a bond for Rs.1,00,000/- with two solvent sureties for the like sum to keep peace for a period of one year.

3. The petitioner asserts that, he has not been served with any provisional order as envisaged under Section 126 of the BNSS or issued with any summons to appear before the said Court. Moreover, in Annexure-1 order substance of the information is conspicuously absent, which is mandatory under read with Section

130 of the BNSS , and the law laid down by this Court in Moidu vs. State of Kerala ( 1982 KHC 139 ). Therefore, Annexure-A1 order may be quashed.

4. Heard; Sri.P. Rajesh R, the learned Counsel for the petitioner and Sri. Sanal P Raj, the learned Public Prosecutor.

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