Kerala Court Orders MSC Elsa 3 Crew Facing Criminal Charges To Seek Trial Court Approval To Leave India

The Kerala High Court has directed four foreign crew members of the sunken cargo vessel MSC Elsa 3, including its captain, to approach a magistrate court in Kochi for permission to leave India, as criminal proceedings related to the ship’s sinking continue.

The decision comes nearly a year after the Liberia-flagged vessel sank off the Kerala coast on May 25, 2025.

The crew members have remained in India since then, following the start of investigations and court proceedings linked to the incident.

The four seafarers, Captain Ivanov Alexander, Reynold Paredes Mahinay of the Philippines, Oleksii Chornyi of Ukraine, and Kakhidze Roman of Georgia, had approached the High Court seeking permission to return to their home countries. They said they had been in India for almost a year after the sinking.

The High Court said that since the magistrate court in Kochi has already taken cognisance of the case, the crew must now approach that court for any relief, including permission to travel.

The court was informed that the final report in the case, earlier returned due to defects, had been corrected and resubmitted. After this, the magistrate court accepted the case and took cognisance.

The four crew members are named as accused in a criminal case filed by the Coastal Police Station, Fort Kochi, in connection with the shipwreck.

Earlier court decisions

The High Court had earlier allowed three other crew members from the same vessel to leave India, with conditions, as they were not named in the criminal case or the preliminary inquiry under the Merchant Shipping Act.

In the same proceedings, some other crew members were not allowed to leave immediately because their statements were needed for the investigation. They were asked to appear before the Judicial First Class Magistrate Court in Thoppumpady on June 12.

Later, the court was informed that they appeared before the magistrate, and the case was posted for further steps, including appointment of an assessor.

The matter has now been posted for further hearing on June 30.

During the hearing, the government pleader told the court that the magistrate court has already taken cognisance of the case after the corrected report was submitted.

Based on this, the High Court said the four accused crew members must approach the magistrate court for permission to leave India or for any other relief.

The case involves both criminal proceedings and a maritime investigation following the sinking of MSC Elsa 3 near the Kerala coast.

The petition was filed by Senior Advocate Grashious Kuriakose along with other lawyers. The Union government, the Directorate General, and the Mercantile Marine Department were represented by Additional Solicitor General P. Sreekumar.

References: TOI, barandbench