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2025 Supreme(Online)(Ker) 56573

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


Advocates:
For the Appellants/Petitioners: SRI.JOSEPH SEBASTIAN PURAYIDAM, SRI.K.MINTOOB CHAND
For the Respondents: SRI SANAL P RAJ

ORDER

The petitioner is the counter petitioner in M.C.No.843/2025 pending before the Court of the Sub Divisional Magistrate, Kozhikode.

2. The petitioner has been served with Annexure-13 show cause notice issued under Section 130 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (‘ BNSS ’, in short), directing him to appear before the said Court on 22.10.2025, and show cause why he should not be ordered to execute a bond for Rs.50,000/- with two solvent sureties for the like amount to keep peace for a period of one year.

3. The petitioner asserts that, he has not been served with a provisional order under Section 126 of the BNSS and Annexures 12 and 13 do not contain the substance of information, 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, Annexures-12 and 13 may be quashed.

4. Heard; Sri.Joseph Sebastian Purayidam, 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 107 and 111 of the Code of Criminal Procedure,

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