JUDGMENT : 1. This mater was previously listed before the Board on 09/05/2017. On the said day after hearing both sides for considerable period, on a small question the parties requested to take up this matter today to make their submission. Though the matter was expected to appear in list No.1, but has come in list No.2. Since the matter was heard extensively on the previous date and looking at the urgency shown to have been involved in the matter, this matter was taken up at the end of the listtoday for hearing. 2. Heard learned Counsel for both sides. 3. It is a petition filed by the petitioner under Section 439(1)(b)of the Code Criminal Procedure seeking relaxation/modification of condition No.5 of the bail order dated 19/09/2016 passed by a co-ordinate bench of this Court in Crl.P.No.3959/2016.The said condition No.5 reads as below: “5. The first accused shall surrender his passport to the concerned Court, if not seized during the investigation by the Investigating Authority.” 4. The petitioner who is the beneficiary of the order dated 19/09/2016 and was enlarged on bail by virtue of the said order, has now stated that he intend to go to Mekka and Madina in Soudi Arabia from 24/05/2017 to 06/07/2017 for the performance of obsequies ceremonies of his deceased mother who last her breath in the very same holy place in the year 2014. He has further stated that it is an annual compulsory ritual which he has to perform to fulfill promise given by him to family and mother. 4. Learned Counsel for the petitioner while reiterating the contentions taken up in the petition has further stated that in several similar cases this Court and Hon’ble Supreme Court has granted said relaxation permitting an accused to travel abroad pending trial against them. He further mentions that after his enlargement on bail on no date he has remained absent from the proceeding before the Court. He has co-operated with the Investigating Agency throughout to the fullest satisfaction of the agency and is respecting the proceedings of the Court to its highest order. 5. He further mentions that after his enlargement on bail on no date he has remained absent from the proceeding before the Court. He has co-operated with the Investigating Agency throughout to the fullest satisfaction of the agency and is respecting the proceedings of the Court to its highest order. 5. Learned Counsel for the respondent in his argument submitted that the contention of the petitioner that it is an annual ritual undertaking which he has to discharge is suspicious for the reason that there are no material to show that in the previous couple of years he did perform the said ceremony. However learned Counsel did not deny that the petitioner has been attending the Court an all the dates of hearing without fail. 6. In the light of the above, when the papers placed before me is perused it is noticed that nowhere in its objection filed by the respondent to the bail application in Crl.P.No.3959/2016 the respondent has made any allegation corroborated by any material to show that the accused/present petitioner may flee from justice or that there was any necessity for directing him to surrender his passport. Added to that, even in the order dated 19/09/2016 passed in Crl.P.No.3959/2016 nowhere it is recorded that the respondents have expressed their doubt, corroborated with any material, that the present accused/petitioner may flee from justice or remain absconded. Further more from a reading of the said order also no specific reason is disclosed for imposing a specific condition only with respect to the present petitioner calling upon him to surrender his passport. In the background of this analysis and more particularly considering the conduct of the present petitioner after his enlargement and his co-operation for conduction of the trial without any hampering, I am of the view that the apprehension of the respondent that the petitioner may abscond in case of his passport is released for a specific purpose does not hold water and that considering the genuine request and the specific circumstance of the case, the condition No.5 of the order dated 19/09/2016 in Crl.P.No.3959/2016 be relaxed for a specific period from 12/05/2017 upto 31/07/2017. Accordingly, the Court in which the passport of the present petitioner is deposited is directed to release the passport in favour of the petitioner. Accordingly, the Court in which the passport of the present petitioner is deposited is directed to release the passport in favour of the petitioner. However, subject to the petitioner executing the self bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) and furnishing a bank guarantee equal to the same amount and in addition furnishing a surety for the specific purpose of two persons for the equivalent sum. 7. The petitioner to furnish the itinerary of his travel including the complete details, contact number, e-mail id of the places he visits atleast three days before he leaves India. He is required to furnish a copy of the same to the respondents, as well a copy to be filed in the Court. The petitioner shall surrender his passport back on or before 31/07/2017. Accordingly, the petition stands disposed of.