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