Bail condition on passport surrender modified where compliance, added surety, and travel necessity justified release.

A bail condition requiring continued surrender of the petitioner's passport was held modifiable where the petitioner had complied with the existing conditions, cooperated with the investigation, and offered additional security. The Court accepted that age, medical needs, and family necessity to travel abroad justified release of the passport, while safeguarding attendance by directing the Trial Court to accept immovable property as further surety. The passport was ordered to be released to the petitioner, subject to depositing it again on his return to India.

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Issues: Whether the condition requiring surrender and continued retention of the petitioner's passport as part of the bail order should be modified and the passport released on substitution of additional surety.

Analysis: The petitioner had complied with the bail conditions, surrendered his passport, deposited the required amount, and cooperated with the investigating agency. The application for modification was supported by his age, medical condition, and family necessity to travel abroad. The Court found that the High Court was not justified in refusing modification of the bail condition and held that a case was made out for return of the passport, with the immovable property offered as further surety.

Conclusion: The condition was modified, the Trial Court was directed to accept the immovable property as further surety, and the petitioner's passport was to be released to him, with a direction to deposit it again on his return to India.

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