Requirement of prior bail cancellation before seeking police remand

Where the investigating agency considers it essential to obtain police remand of an accused who has already been released on regular bail, the only legally permissible course of action is to first seek cancellation of bail in accordance with established legal parameters. Investigating authorities cannot bypass the stringent requirements governing cancellation of bail by directly filing or pursuing revision petitions for police custody. The legal standards for canceling bail—such as misuse of liberty, tampering with evidence, or non-cooperation—must be independently established before an accused can be stripped of their liberty. Obtaining custodial orders without first successfully challenging and setting aside the underlying bail order violates foundational procedural safeguards. Courts must insist on strict compliance with this sequence to ensure that orders granting bail are not rendered meaningless by collateral procedural moves. Consequently, any request for police custody directed against a bailed accused without prior cancellation of bail is liable to be rejected outright. (Pogadadabnda Revathi & Anr. v. The State of Telangana | 2026 INSC 75)