IN THE HIGH COURT OF BOMBAY AT GOA CRIMINAL APPLICATION ( MAIN ) NO. 93 OF 2008 MRS. ANTONIETA JOANES ... Applicant Versus S T A T E THROUGH PUBLIC PROSECUTOR AND ANR., ... Respondents Mr. Arun Bras De Sa,Advocate for the applicant. Ms W. Coutinho, Public Prosecutor for the respondents. Coram:- R.M.S. KHANDEPARKAR, J. Date:- 21st May, 2008 P.C. 1. Heard the Advocate for the petitioner and the learned Public Prosecutor. 2. This is an application for modification of the order dated 26th March, 2008 passed by the learned Additional Sessions Judge, Margaon in Criminal Misc. Application in Anticipatory Bail Application No.71/2008 whereby the petitioner is seeking the order for release of the petitioner's passport and permission to the petitioner to travel abroad on the terms and conditions which may be imposed as the Court may deem fit and appropriate. 3. It is not in dispute that the petitioner's husband, who is stated also to have involved in the offence punishable U/s.498(A) r/w. 34 of I.P.C. and U/s.4 of Dowry Prohibition Act, 1961, has already been granted bail and has been allowed to go abroad mainly on the ground that he is resident of London. The applicant who is the wife of the said Robert John has, however, been denied such facility. Perusal of the impugned order, however, does not disclose any justifiable reason for denial of such facility to the applicant. Undoubtedly while granting such facility, condition regarding grant of bail will have to be modified. However, I don't find any justification to refuse the relief in the nature of permission to the applicant to go abroad. 4. In the circumstances the application is allowed and the order dated 26th March 2008 in anticipatory bail application No.71/2008 passed by the learned Additional Sessions Judge, Margaon stands modified on the following terms. 1) The petitioner shall execute a fresh bail bond and sum of Rs.50,000/- with a fresh surety in the like amount subject to the satisfaction of the learned Additional Sessions Judge. 2) The applicant shall furnish the residential address in the London to the Investigating Authority as well as to the Court of Additional Sessions Judge, Margaon. 3) The petitioner shall appoint local Advocate and shall furnish the name and address of such Advocate along with other details like Telephone Number etc. authorising him to receive the notices and summonses on behalf of the applicant in the matter of investigation and trial of the matter. 4) The petitioner shall also furnish the residential address in England to the Office of High Commissioner of India in England. 5) The petitioner shall make herself available to the Investigating Authority as well as to the Court whenever required in relation to the matter in question. 6) At the expiry of the period of every 3 months, the petitioner shall confirm the residential address of the petitioner on affidavit to be submitted to the Court through her Lawyer. 7) On furnishing of all the above details, the passport of the petitioner shall stand released and the petitioner shall stand permitted to go abroad, subject to above conditions. The application is disposed of. R.M.S. KHANDEPARKAR, J. SMA