O R D E R

The petitioner is the counter petitioner in M.C.No.161 of 2025 pending before the Court of the Sub Divisional Magistrate, Chengannur.

2. The petitioner has been served with Annexure-I order under Section 130 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (‘ BNSS ’, in short), 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 sum to keep peace for a period of one year.

3. The petitioner asserts that he has not been served with a preliminary order under Section 126 or served with any summons as contemplated under the BNSS . He contends that Annexure-I 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 read with Section 130 of the , and the law laid down by this Court inMoidu vs. State of Kerala ( 1982 KHC 139 ). Therefore, Annexure-I order may be quashed.

4. I have heard the learned Counsel for the petitioner and 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 107 a