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2026 Supreme(Online)(Ker) 12130

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
ASWIN – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: Shri.Krishnadas P. Nair, Smt.K.L.Sreekala, Shri.Haridas P.Nair, Sri.M.Rajesh Kumar, Shri.Prason.K.P, Sri.K.G.Manoj Kumar, Smt.Anu Prabhakar, Smt.Swathykrishna K., Smt.Merlin Thomas, Smt.Abhirami P.S., Sri.M.A.Vinod, Sri.Vishnu Prasad
For the Respondents: SRI.M.P.PRASANATH

O R D E R

Dated this the 20th day of February, 2026 The petitioner is the counter petitioner in M.C.No.321/2025 pending before the Court of the Sub Divisional Magistrate, Kozhikode.

2. The petitioner has stated in the Criminal Miscellaneous Case that he has been served with Annexure-A show cause notice directing him to show cause why he should not be ordered to execute a bond of Rs.50,000/- with two solvent sureties for the like amount for the purpose of keeping peace for a period of one year as envisaged under Section 126 read with Section 130 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (‘ BNSS ’, in short).

3. The petitioner contends that, Annexure-A show cause notice 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 130 of the BNSS , and the law laid down by this Court in Moidu vs. State of Kerala ( 1982 KHC 139 ). Therefore, Annexure-A order may be quashed.

4. Heard; Sri.Krishnadas P.Nair, the learned Counsel for the petitioner and Sri.M.P.Prasanth, the learned Public Prosecutor.

5. In the above context it is necessary to refer to Sections

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