Muthukumar v. State of Tamilnadu Rep by Inspector of Police, Narikudi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06.08.2026 PRESENT THE HONOURABLE MR. JUSTICE K. RAJASEKAR CRL OP(MD). No. 16539 of 2026 Muthukumar

...Petitioner

Vs State of Tamil Nadu rep. by The Inspector of Police, Narikudi Police Station, Virudhunagar District. (Crime No.161 of 2026)

...Respondent/Complainant

For Petitioner : Mr.T.Sathiya Nathan

Advocate

For Respondent : Mr.N.Balasubramanian Counsel for State of TN (Crl. Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Cr.No. 161 of 2026 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner / Accused, who was arrested and remanded to judicial custody on 24.07.2026, for the offences punishable under Sections 123 of BNS and 24(1) of COTP Act, in Crime No.161 of 2026 on the file of the respondent police, seeks bail.

¶2The case of the prosecution is that the petitioner was involved in the illegal transportation of tobacco products weighing about 447.75 kgs in a goods vehicle, namely, a Tata Super ACE bearing Registration No.Tn – 31 BQ – 1291. Based on prior information, the vehicle was intercepted and searched, and the contraband tobacco products were recovered. Hence, the case was registered.

3.The learned counsel for the petitioner submitted that the offences alleged against the petitioner are bailable in nature and that the offence is also not made out against the petitioner. Hence, he prayed for grant of bail.

4.The learned counsel for the State (Crl. Side) reiterated the prosecution case and submitted that the tobacco products are banned products and that consumption of the same is harmful to human health. He further submitted that the Government of Tamil Nadu has prohibited the sale, transportation and use of such tobacco products. After securing the petitioner, it was revealed that the tobacco products had been brought for sale to individuals and that their consumption would cause serious health hazards, particularly to persons belonging to the working class and economically weaker sections of society.

5.Heard both sides and perused the materials available on record.

6.This Court has carefully considered the submissions made on either side and perused the FIR and the connected materials. As submitted by the learned Counsel for the State the tobacco products were not transported for any legitimate industrial purpose, but were allegedly intended for sale and consumption by individuals. A considerable number of the consumers of such products are from economically weaker sections, and continued consumption would not only cause serious health hazards but may also result in substantial expenditure towards medical treatment. Considering the nature of the allegations, the huge quantity of tobacco products involved, namely, 447.75 kgs, and the overall circumstances of the case, this Court is not inclined to grant bail to the petitioner.

7.Accordingly, this criminal original petition is dismissed.

(K R S J)

06.08.2026 TM To

1.The Inspector of Police, Narikudi Police Station, Virudhunagar District. (Crime No.161 of 2026)

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

K. RAJASEKAR, J. TM ORDER IN CRL OP(MD) No. 16539 of 2026 Date : 06.08.2026