No police custody can be directed, if accused on bail: Supreme Court

New Delhi: The Supreme Court has said, police custody of an accused cannot be granted, if he or she has been released on bail.

A bench of Justices Vikram Nath and Sandeep Mehta said, the scheme of criminal procedure does not countenance the grant of police remand of an accused who continues to enjoy the protection of bail, as such a course would effectively defeat and nullify the order granting bail.

"Where the investigating agency seeks police remand of an accused who has already been enlarged on bail, the proper and legally permissible course is to first seek cancellation of bail in accordance with law and only thereafter apply for police custody," the bench said in a recent judgment.

The court allowed an appeal filed by Pogadadabnda Revathi and another against the Telangana High Court's order of October 13, 2025.

The HC had dismissed the appellants' petition against a sessions court's order which allowed the investigating officer to take the accused on police remand, even though they were granted bail by a magistrate court.

Considering their challenge, the bench said, when the accused appellants had already been enlarged on bail, granting police custody would necessarily require the accused-appellants to be taken back into custody and curtailing their liberty, which would, in effect, tantamount to cancellation of bail in an indirect manner, without adherence to the settled legal parameters governing cancellation of bail.

The court noted the order granting police custody was passed by the revisional court after more than six months from the date on which police custody was declined by the magistrate and the accused appellants were released on bail.

"Thus, the revisional court as well as the HC clearly seems to have fallen into error while directing the grant of police custody of the accused-appellants for investigation in connection with the FIR," the bench said.

The court also emphasised the discretion whether or not to grant police custody remand is vested exclusively with the magistrate and once the magistrate exercises such discretion accepting or declining the prayer for police custody, by assigning reasons, such order should ordinarily not be interfered with by the revisional forum unless gross perversity is shown.

Revathi and Bandi Sandhya were arrested in connection with an FIR on March 12, 2025. They were remanded to judicial custody till March 26, 2025.

On March 13, 2025, the Inspector of Police, Cyber Crimes Police Station, Hyderabad sought police custody of the accused-appellants for a period of five days. His application was rejected on March 17, 2025.

In a separate order on March 17, 2025, the magistrate enlarged the accused-appellants on bail.

The sessions judge at Nampally, Hyderabad, however, on September 26, 2025 directed that the accused-appellants would be remanded to police custody from October 6, 2025 to October 8, 2025.

This order was subsequently modified, altering the period of custody from October 13, 2025 to October 15, 2025.

The appellants challenged the sessions court's order before the High Court, which dismissed their plea on October 13, 2025, forcing them to approach the apex court.