Dated this the 24th day of February, 2026
The petitioner is the counter petitioner in
M.C.No.37/2026 on file of the Court of the Sub Divisional
Magistrate, Fort Kochi.
2. The petitioner has stated in the Criminal
Miscellaneous Case that, he has been served with Annexure-2
preliminary order directing him to show cause why he
should not be called upon to execute a bond for Rs.1,00,000/-
with two solvent sureties for the like amount for 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-2
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
2026:KER:16407
Court in Moidu vs. State of Kerala (1982 KHC 139).
Therefore, Annexure-2 order may be quashed.
