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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
SHAJAHAN A.P – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. petitioner challenges the legality of the preliminary order under bnss. (Para 2 , 3) |
| 2. court emphasizes the legal requirements for orders under bnss. (Para 5 , 6) |
| 3. final direction to reconsider the preliminary order as per law. (Para 9) |
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13.02.2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ORDER Dated this the 13th day of February, 2026 The petitioner is the counter petitioner in M.C.No.23/2026 pending before the Court of the Sub Divisional Magistrate, Kanhangad..
2. The petitioner has stated in the Criminal Miscellaneous Case that he has been served with Annexure-A1 preliminary order passed under Section 130 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (‘ BNSS ’, in short), directing him to show cause why he should not be called upon to execute a bond for Rs.50,000/- with two solvent sureties for the purpose of keeping peace for a period of one year.
3. The petitioner contends that, Annexure-A1 preliminary 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 1
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