Bail condition modification permits substitute security where a government surety requirement becomes unduly onerous and impractical.

Madras HC held that bail conditions may be modified under inherent jurisdiction where a deposit requirement and insistence on a government surety are unduly onerous and obstruct effective enjoyment of bail. The petitioner, who had remained in custody and offered enhanced cash security, bond execution, property documents, and alternate sureties, showed a reasonable substitute that preserved the object of securing appearance. The Court therefore relaxed the original condition and substituted it with alternative security and sureties while keeping the remaining safeguards in place.

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Issues: Whether the bail condition requiring deposit of cash security and production of a government surety could be modified, having regard to the petitioner's inability to comply with that condition.

Analysis: The petition was filed under Section 482 of the Code of Criminal Procedure, 1973 to modify the conditional order granting bail. The petitioner had remained in custody since 07.12.2021 and expressed readiness to furnish enhanced cash security, execute the bond, and provide property documents and alternate sureties. The Court noted that the earlier condition requiring a government employee as surety had the effect of making the bail order difficult to avail in the circumstances, and that the petitioner's proposed alternative compliance secured the purpose of the condition.

Conclusion: The condition requiring deposit of cash security and a government surety was modified in favour of the petitioner.

Final Conclusion: The bail conditions were relaxed and substituted with alternative security and sureties, while retaining the other safeguards imposed on the petitioner.

Ratio Decidendi: A bail condition may be modified under inherent jurisdiction where the condition is unduly onerous and the accused offers a reasonable alternate arrangement that preserves the object of securing appearance.

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