[Cites 9, Cited by 0]
Kerala High Court
Arul Karuppuswami vs Sub Divisional Magistrate on 13 February, 2026
Author: C.S.Dias
Bench: C.S.Dias
2026:KER:13202
CRL.MC NO. 1328 OF 2026
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
FRIDAY, THE 13TH DAY OF FEBRUARY 2026 / 24TH MAGHA, 1947
CRL.MC NO. 1328 OF 2026
PETITIONER/COUNTER PETITINER:
ARUL KARUPPUSWAMI
AGED 22 YEARS
S/O MANOHARAN, PUTHANPURACKAL (H), POOPPARA (PO)
POOPARA VILLAGE, IDUKKI DISTRICT., PIN - 685619
BY ADV SMT.SREELAKSHMI SABU
RESPONDENTS/COMPLAINANT & STATE:
1 SUB DIVISIONAL MAGISTRATE
DEVIKULAM, OFFICE OF THE SUB DIVISIONAL MAGISTRATE
DEVIKULAM, IDUKKI DISTRICT., PIN - 685613
2 SUB INSPECTOR OF POLICE
SANTHANPARA POLICE STATION, SANTHANPARA, IDUKKI
DISTRICT., PIN - 685619
3 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM., PIN - 682031
SR.PP. SRI.C.S.HRITHWIK
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
13.02.2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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CRL.MC NO. 1328 OF 2026
2
ORDER
Dated this the 13th day of February, 2026
The petitioner is the counter petitioner in
M.C.No.6/2026 pending before the Court of the Sub
Divisional Magistrate, Devikulam.
2. The petitioner has stated in the Criminal
Miscellaneous Case that he has been served with Annexure-
A1 preliminary order passed under Section 130 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 ('BNSS', in
short), 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 Rs.50,000/ for the purpose of keeping
peace for a period of one year.
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
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CRL.MC NO. 1328 OF 2026
laid down by this Court in Moidu vs. State of Kerala (1982
KHC 139). Therefore, Annexure-A1 order may be quashed.
4. Heard; Smt.Sreelakshmi Sabu, 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 and 130 of the BNSS, which corresponds to
the erstwhile Sections 107 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."
"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
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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 provisions explicitly postulates that the
Executive Magistrate, on receiving information that any
person is likely to commit a breach of peace, disturb the
public tranquility or does any wrongful act, and that there
are sufficient grounds to proceed against him, the
Executive Magistrate may, in the manner provided under
Chapter IX of the BNSS, require such person to show cause
why he should not be ordered to execute a bond or bail
bond for his good behavior for such period, not exceeding
one year provided an order in writing is passed, setting
forth the substance of information received, the amount of
bond to be executed, the term for which it is to be in force
and the number of sureties.
7. It is the petitioner's case that, the Sub Divisional
Magistrate has passed Annexure-A1 preliminary order
without furnishing the substance of information. Instead,
the Sub Divisional Magistrate has merely stated that the
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petitioner is involved in the crimes registered by the Police.
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.
In light of the principles laid down in the afore-cited
decisions and the fact that substance of information is
conspicuously absent in Annexure-A1 preliminary order, I
am satisfied that the Crl.M.C. is to be allowed. Accordingly
Annexure-A1 preliminary order is set aside. The Sub
Divisional Magistrate is directed to reconsider the matter as
per the mandate under Sections 126 and 130 of the BNSS
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CRL.MC NO. 1328 OF 2026
and in accordance with law.
Sd/-
C.S.DIAS, JUDGE
rmm/13/2/2026
2026:KER:13202
CRL.MC NO. 1328 OF 2026
APPENDIX OF CRL.MC NO. 1328 OF 2026
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF THE ORDER DATED 4.2.2026 IN MC
NO. 6/2026 ISSUED BY THE 1ST RESPONDENT
Annexure A2 TRUE COPY OF THE FIR IN CRIME NO. 87 OF
2024 OF SANTHANPARA POLICE STATION DATED
6.2.2024
Annexure A3 TRUE COPY OF THE FIR IN CRIME NO. 717 OF
2025 OF SANTHANPARA POLICE STATION DATED
1.8.2025
Annexure A4 TRUE COPY OF THE STATUS OF THE CRIME CASE
OBTAINED FROM THE E- COURT SERVICE
