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2026 Supreme(Online)(Ker) 11199

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


Advocates:
For the Appellants/Petitioners: SRI.P.M.ZIRAJ, SHRI.IRFAN ZIRAJ
For the Respondents: SRI C S HRITHWIK

ORDER

The petitioner is the counter petitioner in M.C.No.443/2025 pending before the Court of the Sub Divisional Magistrate, Fort Cochin.

2. The petitioner has been served with Annexure-1 order directing the petitioner to execute a bond for Rs.1,00,000/- with two solvent sureties for the like amount for the purpose of keeping peace for a period of one year as envisaged under Sections 129 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (‘ BNSS ’, in short).

3. The petitioner contends that Annexure-1 order is unsustainable in law because the above Court has not set forth the substance of the information in the said order, which is mandatory under Sections 126 and 129 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-1 order may be quashed.

4. Heard; Sri.P.M.Ziraj, the learned Counsel for the petitioner and Sri.C.S.Hrithwik, the learned Public Prosecutor.

5. In the above context, it is necessary to refer to Sections 126 , 129 and 130 of the BNSS , which corresponds to the erstwhile Sections 107 , 110 and 111 of the Code of Criminal Procedure ,which reads as follows:

126. (1) When an Executive Magis

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