[Cites 9, Cited by 0]
Kerala High Court
Salih Ks vs State Of Kerala on 20 January, 2026
Author: C.S.Dias
Bench: C.S.Dias
2026:KER:4506
CRL.MC NO. 521 OF 2026
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
TUESDAY, THE 20TH DAY OF JANUARY 2026 / 30TH POUSHA, 1947
CRL.MC NO. 521 OF 2026
CRIME NO.964/2025 OF MELPARAMBA POLICE STATION, Kasargod
AGAINST THE ORDER/JUDGMENT DATED IN MC NO.334 OF 2025
OF SUB DVL.MAGISTRATE,KASARGOD
PETITIONER:
SALIH KS
AGED 54 YEARS
S/O SHAFFI KM, R/O PADINHAR GARDENS, KIZHUR PO,
CHANDRAGIRI KALNAD, KASARAGOD, PIN - 671317
BY ADVS.
SHRI.MAAROOF
SMT.NAFIYA SHAHALA C.K.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT
OF KERALA, ERNAKULAM, PIN - 682031
2 THE SUB DIVISIONAL MAGISTRATE
KASARAGOD, KERALA, PIN - 671121
3 STATION HOUSE OFFICER
MELPARAMBA POLICE STATION, CHATTANCHAL, KASARAGOD
KERALA, PIN - 671541
SR.PP. SMT. SEETHA S.
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CRL.MC NO. 521 OF 2026
2
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 20.01.2026, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
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CRL.MC NO. 521 OF 2026
3
Dated this the 20th day of January, 2026
ORDER
The petitioner is the counter petitioner in
M.C.No.334/2025 on the file of the Court of the Sub
Divisional Magistrate, Kasaragod.
2. The petitioner has been served with Ext.P4
preliminary order calling upon him to show cause why
he should not be ordered to execute a bond for
Rs.50,000/- with two solvent sureties for Rs.25,000/-
each to keep peace for a period of one year as
contemplated under Section 126/129 read with Section
130 of the Bharatiya Nagarik Suraksha Sanhita, 2023
('BNSS', in short).
3. The petitioner contends that Ext.P4 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
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CRL.MC NO. 521 OF 2026
law laid down by this Court in Moidu vs. State of Kerala
(1982 KHC 139). Therefore, Ext.P4 order may be
quashed.
4. Heard; Sri.Maaroof, the learned Counsel for
the petitioner and Smt.Seetha S., the learned Senior
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.
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CRL.MC NO. 521 OF 2026
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 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
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CRL.MC NO. 521 OF 2026
Divisional Magistrate has passed Ext.P4 preliminary
order without furnishing the substance of information.
Instead, the Sub Divisional Magistrate has merely stated
that the petitioner is involved in a crime 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
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CRL.MC NO. 521 OF 2026
information is conspicuously absent in Ext.P4
preliminary order, I am satisfied that the Crl.M.C. is to
be allowed. Accordingly Ext.P4 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 and in accordance
with law.
SD/-
C.S.DIAS, JUDGE
rmm/20/1/2026
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CRL.MC NO. 521 OF 2026
APPENDIX OF CRL.MC NO. 521 OF 2026
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE COMPLAINT REGISTERED
BEFORE THE NATIONAL COMMISSION FOR WOMEN
Exhibit P2 A TRUE COPY OF THE FIR REGISTERED IN
CRIME NO. 963/2025 OF MELPARAMBA POLICE
STATION
Exhibit P3 A TRUE COPY OF THE FIR REGISTERED IN
CRIME NO. 964/2025 OF MELPARAMBA POLICE
STATION
Exhibit P4 A TRUE COPY OF THE PRELIMINARY ORDER
DATED 13.01.2026 ISSUED UNDER SECTION
130 BNSS DATED 13.01.2026
Exhibit P5 A TRUE COPY OF THE FIR REGISTERED IN
CRIME NO. 120/2025 OF MELPARAMBA POLICE
STATION
Exhibit P6 A TRUE COPY SHOWING THE PRESENT STATUS
OF C.C. NO.502330/2025 BEFORE THE
JUDICIAL FIRST CLASS MAGISTRATE COURT-
II, HOSDURG
