The petitioner is the counter petitioner in
M.C.No.231/2025 on the file of the Court of the Sub Divisional
Magistrate, Kasaragod.
2. The petitioner has been served with Annexure-A1
preliminary order directing him to show cause why he should
not be called upon to execute a bond for Rs.50,000/- with two
solvent sureties to keep peace for a period of one year as
contemplated under Sections 126/129 read with Section 130
of the Bharatiya Nagarik Suraksha Sanhita, 2023 (‘BNSS’, in
short).
3. The petitioner contends that Annexure-A1
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 in Moidu vs. State of Kerala (1982
CRL.MC NO. 1479 OF 2026
2026:KER:16646
KHC 139). Therefore, Annexure-A1 order may be quashed.
