Kochi: The Kerala High Court on Tuesday permitted three of the seven foreign crew members of the sunken Liberian-flagged cargo vessel MSC Elsa 3 to return to their home countries, subject to conditions.

Justice Bechu Kurian Thomas passed the order while considering a petition filed by seven crew members who have remained in India for over a year following the vessel's sinking off the Kerala coast on May 25, 2025.

The court noted that the three crew members permitted to leave were neither named in the preliminary inquiry report submitted as part of the statutory investigation under the Merchant Shipping Act, 1958, nor accused in the criminal case registered by the Coastal Police Station, Fort Kochi.

As a condition for their departure, the court directed them to execute a bond of ₹10 lakh with two solvent sureties before the Judicial First Class Magistrate (JFCM), Kochi and Thoppumpady, or furnish a bank guarantee of ₹1 lakh each. They must also provide their permanent addresses and mobile numbers, file affidavits undertaking to cooperate with the investigation and trial, and agree to appear online whenever required by the court.

The High Court, however, declined to grant immediate permission to two other petitioners to leave the country, observing that their statements were required as part of the ongoing statutory investigation.

The court directed the two crew members to appear before the JFCM, Thoppumpady, on June 12 to facilitate an early examination. Justice Bechu observed that since they had already spent a long period in India, the magistrate should consider advancing the date fixed for recording their statements from June 27.

The remaining three petitioners are accused in a criminal case registered by the Coastal Police Station. The court was informed that a final report had been filed on May 30 and that defects pointed out in the report would be rectified and resubmitted at the earliest.

During the hearing, counsel for the accused sought permission for them to leave the country if granted bail. The court, however, suggested that the proceedings could be expedited, noting that the accused had the option of pleading guilty, which could bring the matter to a quicker conclusion.

Justice Bechu also observed that the International Maritime Organisation's Guidelines on Fair Treatment of Seafarers in the Event of a Maritime Incident were not legally binding, though countries should endeavour to comply with them as far as possible within the framework of domestic laws.

The matter has been posted to June 15 for further consideration.

The court had on Monday sought a report from the Judicial First Class Magistrate-I, Thoppumpady, regarding the progress of the formal investigation into the sinking of MSC Elsa 3 and the reasons for the delay in commencing the inquiry under the Merchant Shipping Act. It had also sought updates on the criminal proceedings pending against some of the crew members.
(With LiveLaw inputs.)