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2026 Supreme(Online)(Ker) 6698

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
VIGNESH – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 951 OF 2026



Advocates:
For the Appellants/Petitioners: SRI.J.VISHNU, SMT.ANU BALAKRISHNAN NAMBIAR, SRI.G.J.RAJMOHAN
For the Respondents: SMT.SEETHA S, SR.PP

The court emphasizes the necessity of following statutory remedies before invoking inherent jurisdiction.

Headnote:The petitioner challenged the forfeiture order of a bond under Section 491 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which is subject to appeal per Section 495 of BNSS. The court determined that there are no extraordinary circumstances warranting the invocation of inherent powers under Section 528 of BNSS and dismissed the application while allowing the petitioner to seek statutory remedies, staying the order for three weeks.

Table of Content
1. filing of criminal miscellaneous case (Para 1)
2. court's determination on appeal and inherent powers (Para 2)

O R D E R

Dated this the 03rd day of February, 2026 The Criminal Miscellaneous Case is filed assailing Annexure A4 order passed by the Sub Divisional Magistrate, Thiruvananthapuram, forfeiting the bond executed by the petitioner and directing him to remit Rs.50,000/- before the State Treasury on or before 30.01.2026.

2. A bond is forfeited as per the procedure under Section 491 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (‘ BNSS ’, in short). An order forfeiting a bond under is appealable under Section 495 of the .

In light of the alternative statutory remedy available to the petitioner, and on finding that there are no extraordinary circumstances to exercise the inherent powers of this Court under Section 528 of the BNSS , I dismiss the Crl.M.C, but without prejudice to the right of the petitioner to work out his remedies, in accordance with law. However, to enable the petitioner to work out his remedies in accordance with law, I stay the operation of Annexure A4 order for a period of three weeks from today.

Sd/-

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