Kerala High Court
Aneesh vs The Sub Divisional Magistrate on 18 February, 2026
Author: C.S.Dias
Bench: C.S.Dias
CRL.MC NO. 5639 OF 2025 1 2026:KER:14452
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
WEDNESDAY, THE 18TH DAY OF FEBRUARY 2026 / 29TH MAGHA, 1947
CRL.MC NO. 5639 OF 2025
CRIME NO.108/2021 OF MARADU POLICE STATION, Ernakulam
AGAINST THE ORDER DATED 28.04.2025 IN MC NO.443 OF 2025 OF
SUB DIVISIONAL COURT,FORT COCHIN
PETITIONER/COUNTER PETITIONER :
ANEESH ,
AGED 39 YEARS
SON OF ANTONY, ANAKKATTIL HOUSE, MARADU VILLAGE,
ERNAKULAM DISTRICT, PIN - 682038
BY ADVS.
SRI.P.M.ZIRAJ
SHRI.IRFAN ZIRAJ
RESPONDENT/PETITIONER AND STATE/COMPLAINANT :
1 THE SUB DIVISIONAL MAGISTRATE,
FORT KOCHI, ERNAKULAM DISTRICT, PIN - 682001
2 STATE OF KERALA ,
REP. BY PUBLIC PROSECUTOR, HONOURABLE HIGH COURT OF
KERALA AT ERNAKULAM, PIN - 682031
3 THE INSPECTOR OF POLICE,
MARADU POLICE STATION, ERNAKULAM DISTRICT, PIN - 676101
SR PP SRI C S HRITHWIK
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
18.02.2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 5639 OF 2025 2 2026:KER:14452
C.S.DIAS, J.
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Crl.M.C. No. 5639 OF 2025
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Dated this the 18th day of February, 2026
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.
CRL.MC NO. 5639 OF 2025 3 2026:KER:14452
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 Magistrate receives information that
any person is likely to commit a breach of the peace or disturb the
public tranquillity or to do any wrongful act that may probably
occasion a breach of the peace or disturb the public tranquility and
is of opinion that there is sufficient ground for proceeding, he may,
in the manner hereinafter provided, require such person to show
cause why he should not be ordered to execute a bond or bail bond
for keeping the peace for such period, not exceeding one year, as
the Magistrate thinks fit.
(2) Proceedings under this section may be taken before any
Executive Magistrate when either the place where the breach of
the peace or disturbance is apprehended is within his local
jurisdiction or there is within such jurisdiction a person who is
likely to commit a breach of the peace or disturb the public
tranquillity or to do any wrongful act as aforesaid beyond such
jurisdiction.
129. Security for good behaviour from habitual
offender: When an Executive Magistrate receives
information that there is within his local jurisdiction a person who
—
(a) is by habit a robber, house-breaker, thief, or forger, or
(b) is by habit a receiver of stolen property knowing the same
to have been stolen, or
(c) habitually protects or harbours thieves, or aids in the
concealment or disposal of stolen property, or
(d) habitually commits, or attempts to commit, or abets the
commission of, the offence of kidnapping, abduction, extortion,
cheating or mischief, or any offence punishable under Chapter X of
CRL.MC NO. 5639 OF 2025 4 2026:KER:14452
the Bhartiya Nyaya Sanhita, 2023, or under section 178, section
179, section 180 or section 181 of that Sanhita, or
(e) habitually commits, or attempts to commit, or abets the
commission of, offences, involving a breach of the peace, or
(f) habitually commits, or attempts to commit, or abets the
commission of–
(i) any offence under one or more of the following Acts,
namely:–
(a) the Drugs and Cosmetics Act, 1940; (23 of 1940)
(b) the Foreigners Act, 1946; (31 of 1946)
(c) the Employees’ Provident Fund and Miscellaneous
Provisions Act, 1952; (19 of 1952)
(d) the Essential Commodities Act, 1955; (10 of 1955)
(e) the Protection of Civil Rights Act, 1955; (22 of 1955)
(f) the Customs Act, 1962; (52 of 1962)
(g) the Food Safety and Standards Act, 2006; (34 of 2006)
or
(ii) any offence punishable under any other law providing for
the prevention of hoarding or profiteering or of adulteration of food
or drugs or of corruption, or
(g) is so desperate and dangerous to render his being at large
without security hazardous to the community,
such Magistrate may, in the manner hereinafter provided, require
such person to show cause why he should not be ordered to
execute a bond, with sureties, for his good behaviour for such
period, not exceeding three years, as the Magistrate thinks fit.
130. When a Magistrate acting under section 126, section 127,
section 128 or section 129, deems it necessary to require any
person to show cause under such section, he shall make an order in
writing, setting forth the substance of the information received, the
amount of the bond to be executed, the term for which it is to be in
force and the number of sureties, after considering the sufficiency
and fitness of sureties”.
6. The above provision explicitly postulates that
the Executive Magistrate, on receiving information that there
CRL.MC NO. 5639 OF 2025 5 2026:KER:14452
is a person within his local jurisdiction, who has committed
any of the acts mentioned in Clauses (a) to (g) in Section 129,
may direct the person to show cause why he should not be
ordered to execute a bail bond for his good behaviour for such
period not exceeding three years.
7. On a plain reading of Annexure 1 order it is
evident that the above Court has not mentioned the substance
of information in the said order as against the petitioner.
8. In Jayanth K. C. v. State of Kerala (2025 KHC
1591), this Court has held that mere registration of a crime
and an anticipation of possible violence, without imminent
threat to peace, is insufficient to justify an order under Section
111 of the Cr.P.C.
9. Similarly in Girish P. and others v. State of
Kerala and another (2009 (4) KHC 929), this Court has held
that unless the substance of information is stated in an order
passed under Section 111 of the Cr.P.C, the order passed
under Section 107 of the Cr.P.C., is bad in law.
CRL.MC NO. 5639 OF 2025 6 2026:KER:14452
In light of the principles laid down in the afore-cited
decisions and the fact that substance of information is
conspicuously absent in Annexure-1 order, I am satisfied that
the Crl.M.C. is to be allowed. Accordingly, Annexure-1 order
is set aside. The Sub Divisional Magistrate is directed to
reconsider the matter as per the mandate under Sections 129
and 130 of the BNSS and in accordance with law.
Sd/-
C.S.DIAS, JUDGE
SCB
CRL.MC NO. 5639 OF 2025 7 2026:KER:14452
APPENDIX OF CRL.MC NO. 5639 OF 2025
PETITIONER ANNEXURES
Annexure 1 TRUE COPY OF THE ORDER DATED 28.05.2025 IN
M.C.NO. 443/2025 ISSUED BY THE FIRST
RESPONDENT AGAINST THE PETITIONER
Annexure 2 TRUE COPY OF THE ORDER IN MOIDU VS. STATE OF
KERALA REPORTED IN 1982 KLT 578(FB)
Annexure 3 TRUE COPY OF THE ORDER IN AHAMMED KABEER VS.
STATE OF KERALA REPORTED IN 2014(2) KLT SN5
(C NO.9)
Annexure 4 TRUE COPY OF THE ORDER DATED 11.10.2023 IN
CRL.M.C 6684 OF 2023 OF THIS HONOURABLE COURT
Annexure 5 TRUE COPY OF THE INTERIM ORDER DATED
18.8.2023 IN CRL.M.C 6687 OF 2023 OF THIS
HONOURABLE COURT
Annexure 6 TRUE COPY OF THE INTERIM ORDER OF THIS
HONOURABLE COURT DATED 28.2.2024 IN
CRL.M.APPL.NO.1/2024 IN CRL.MC NO. 1998 OF
2024
Annexure 1A TYPED READABLE COPY OF ANNEXURE 1
