A case was registered against the petitioner for the offence under Sections 120(b) r/w. 420, 468, 471 IPC, in which he was granted anticipatory bail by the learned Sessions Judge, Chennai on 05.11.2016 in Crl.M.P.No.16123 of 2016.

2. Heard the learned Senior counsel appearing for the petitioner as well as the learned Special Public Prosecutor for CBI Cases for the respondent.

3. The petitioner is aggrieved against the condition made therein whereby he was directed to surrender his passport before the Court and was directed, not to leave the country without prior permission of the Court.

4. Mr. Shanmuga Sundaram, learned Senior counsel for the petitioner submitted that it is the petitioner's fundamental right to travel abroad and he cannot be curtailed by an order directing to surrender the passport. The learned senior counsel stated that the petitioner has produced substantial security before the Sessions court and that being a business man, he requires to travel frequently for his business purposes.

5. The legal question as to whether the police are empowered to retain the passport of an accused under the provisions of Cr.P.C., has come time and again before the Hon'ble Supreme