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2026 DAILYLAW 44599 (MAD)

Selvakumar v. State Rep.by, The Sub Inspector of Police,

CRL OP/16507/2026 · 2026-06-30

C Kumarappan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP No. 16507 of 2026 __________ Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 30-06-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN CRL OP No. 16507 of 2026 Selvakumar ..Petitioner Vs State Rep.by, The Sub Inspector of Police, Saibaba Colony Police Station, Coimbatore City, Coimbatore District, Tamilnadu. Crime No.303/2026. ..Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail, in Crime No.303 of 2026 dated 11.06.2026 registered by the respondent police. For Petitioner: Mr.D.Alexis Sudhakar For Respondent: Mr.S.Yogaraja Sekar Counsel for Government of Tamilnadu (Criminal Side) ORDER The petitioner, who was arrested and remanded to judicial custody on 11.06.2026 for the alleged offences under Sections 6(b) and 24(1) of the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply a Distribution) Act, 2003 (hereinafter referred to as COTPA) read with Section 123 of the Bharatiya Nyaya Sanhita, 2023, in Crime No.303 of 2026 on the file of the respondent police, seeks bail. https://www.mhc.tn.gov.in/judis CRL OP No. 16507 of 2026 __________ Page2 of 4 2. The case of the prosecution is that the petitioner was found in illegal possession of huge quantum of banned tobacco products. Hence the case. 3. The learned counsel for the petitioner submitted that the petitioner is innocent and he has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He further submitted that he is ready to abide by any conditions that may be imposed by this Court. Hence, he prayed to grant anticipatory bail to the petitioner. 4. The learned Government Advocate (Crl.Side) appearing for the respondent police strongly opposed the bail petition on the ground that the petitioner has four previous cases, including one under Section 302 of Indian Penal Code, one for causing hurt and one prohibition case. It is further submitted that if the petitioner is enlarged on bail, there is every possibility of him committing a similar offence. 5. At this juncture, the learned counsel for the petitioner submits that the petitioner has already been convicted in the aforementioned cases and therefore, prays that some leniency be granted 6. I have given anxious consideration to the submissions made by the learned counsel on either side. https://www.mhc.tn.gov.in/judis CRL OP No. 16507 of 2026 __________ Page3 of 4 7. Considering the submissions made by the learned counsel on either side, this Court is of the view that the petitioner was found in illegal possession of a large quantity of banned tobacco products. The petitioner has a criminal history of four previous cases, including one under Section 302 of the Indian Penal Code, one for causing hurt and one prohibition case. Hence, this Court cannot accept the submissions made on behalf of the petitioner, as the larger interest of society must be protected. Therefore, keeping in view the petitioner's past conduct, this Court is not inclined to grant bail to the petitioner. 8. Accordingly, this Criminal Original Petition stands dismissed. 30-06-2026 NSL To 1. The Sub Inspector of Police, Saibaba Colony Police Station, Coimbatore City, Coimbatore District, Tamilnadu. 2. The Public Prosecutor, High Court of Madras. https://www.mhc.tn.gov.in/judis CRL OP No. 16507 of 2026 __________ Page4 of 4 C.KUMARAPPAN, J. NSL CRL OP No. 16507 of 2026 30-06-2026 https://www.mhc.tn.gov.in/judis