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2026 Supreme(Online)(Ker) 22748

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


Advocates:
For the Appellants/Petitioners: SHRI.NISSAM NAZZAR, SHRI.ROHITH S.
For the Respondents: SR PP SMT SEETHA S

Table of Content
1. facts of the case and procedural history (Para 1 , 2 , 3 , 4)
2. court's reasoning regarding procedural requirements (Para 5 , 6 , 7)
3. established legal principles regarding validity of orders (Para 9)

ORDER

The petitioner is the counter-petitioner in M.C. No.

1034/2025 pending before the Court of the Sub-Divisional Magistrate, Alappuzha.

2. The petitioner has been served with Annexure-I order calling upon him to show cause why he should not be ordered to execute a bond for Rs.75,000/- with two solvent sureties for the like amount to keep peace for a period of one year as contemplated under Section 126 read with Section 130 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (‘ BNSS ’, in short).

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

4. I have heard the learned Counsel for the petitioner and the learned Public Prosecut

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