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2026 Supreme(Online)(Ker) 6161

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
ANOOP P.K – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.T.G.SUNIL, SRI.ABHIJETT LESSLI, SHRI.SYAM K.P., SHRI.ASHISH GOPAL K G, SHRI.P.MUHAMMED SHIYAS, SMT.POOJA K., SMT.VINIMOL V.S., SMT.NAMITHA PRASAD
For the Respondents: PUBLIC PROSECUTOR

C.S.DIAS, J.

--------------------------------------- Crl.M.C. No. 794 of 2026 -----------------------------------------

Dated this the 29th day of January, 2026 ORDER The petitioner is the counter petitioner in M.C.No.446/2025 on the files of the Court of the Sub Divisional Magistrate, Muvattupuzha.

2. The petitioner has been served with Annexure-I order calling upon him 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 as contemplated under Section 126 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (‘ BNSS ’, in short).

3. The petitioner 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 Section 126 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-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

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