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2026 Supreme(Online)(Ker) 8550

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
RAJESH – Appellant
Versus
THE SUB DIVISIONAL MAGISTRATE – Respondent


Advocates:
For the Appellants/Petitioners: SRI.NIREESH MATHEW
For the Respondents: SRI M P PRASANTH

Table of Content
1. petitioner challenges the order for a cash bond. (Para 2)
2. court outlines legal requirements for executing peace bonds. (Para 3 , 4 , 5)
3. citations establish precedent regarding insufficient grounds for orders. (Para 6 , 7 , 8 , 9)
4. court sets aside the order due to lack of substantive information. (Para 10)

ORDER

The petitioner is the counter-petitioner in M.C.

No. 826/2025 pending before the Court of the Sub- Divisional Magistrate, Palakkad.

2. The petitioner has stated in the Crl.M.C. that, by Annexure 2 order, the petitioner has been directed to show cause why he should not be ordered to execute a cash bond of Rs. 10,000/- with two solvent sureties for the like sum for keeping peace for a period of one year as envisaged under Section 126 /129 read with 130 of the BNSS . The petitioner has been served with Annexure 1 summons to appear before the above court on 11.02.2026 at 11:00 a.m. Annexure 2 order is illegal and arbitrary and against the law laid down by this Court in Moidu vs. State of Kerala (1982 KHC 139). Therefore, Annexure 2 order may be quashed.

3. I have heard the learned Counsel for the petitioner and the learned Public Prosecutor.

4. In the above

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