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 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,which reads as follows:

126. (1) When an Executive Magistrate receives information that any person is likely to commit a breach of the peace or disturb the public tranq