Cancellation of bail justified for violating conditions by threatening complainant post-release, as evidenced by recorded statement and fresh FIR; distinct from bail grant, warranted on cogent grounds threatening fair trial.

ORDER :

Mohammed Shaffiq, J.

Heard Mr. A.K.H.M. Mohamed Abdul Rasiq, learned Counsel for Revision Petitioner and Mr. Thiruvadi Kumar, learned Additional Public Prosecutor for Respondent.

2. The present criminal revision petition has been filed challenging the order dated 19.12.2025 in Crl.M.P. No. 2862 of 2025, whereby Judicial Magistrate, Karaikudi, has cancelled the bail granted to the petitioner in Cr. No. 304 of 2025 dated 28.04.2025, on the premise that petitioner violated the conditions imposed on petitioner for grant of bail vide order dated 28.08.2025 in Crl.M.P. No. 2147 of 2025 in Cr.No.304 of 2025.

3. Briefly the allegation against the petitioner was that at the time when de-facto complainant and her husband were sharing a private moment in their bed room, petitioner and others took photographs and video graphed the same. Then shared it with their friends; and further threatened the de-facto complainant and demanded money using the said materials i.e., photographs and videos. De-facto complainant filed a complaint against the petitioner and others. FIR was registered in Crime No. 304 of 2025 and all of them were arrested, later enlarged on bail by Principal Sessions Court, Sivagangai vide order dated 28.08.2025 in Crl.M.P.No.2147 of 2025, subject to the following conditions:-

"4. ..... In the result, the petition is allowed and the petitioners are ordered to be released on bail on their executing bond for Rs. 10,000/- each with two sureties each of like sum to the satisfaction of the Judicial Magistrate. Karaikudi with a condition that the petitioners shall appear and sign before the Respondent Police Station daily morning at 10.00 a.m., and shall sign for 15 days and thereafter, shall appear on summons.

The sureties shall affix their photographs and left thumb impression and the Judicial Magistrate while considering the sureties, shall obtain the copy of their Aadhar card or bank pass book to ensure their identity.

The petitioners' photograph and Aadhaar Card or bank pass book copy shall also be obtained while considering the sureties.

The Petitioners shall make themselves available for interrogation by the respondent police Officer as and when required for enquiry.

The Petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade from disclosing such facts to the court or to any Police Officer. That the petitioners shall not leave the State of Tamil Nadu without prior permission of the learned Judicial Magistrate. The Petitioners shall not commit further offences of similar nature and shall appear before the respondent police station as and when required.

The Petitioners shall co-operate for early disposal of the matter. 

On breach of the aforesaid conditions, the learned Judicial Magistrate, before whom the case is pending is at liberty to initiate/take appropriate action against the petitioners in accordance with law as laid down in the judgment of Hon'ble Supreme Court in P.K.Shaji Vs. State reported in AIR 2005 SCW 5506.”

4. It is the case of the prosecution that on being enlarged on bail on28.08.2025, petitioner herein intimidated/threatened the de-facto complainant compelling her to withdraw the case. A statement of de-facto complainant regarding the act of threat and coercion by the petitioner after being enlarged on bail was recorded before Judicial Magistrate, Devakottai under Section 183(5) of Bharatiya Nagarik Suraksha Sanhita (