It had earlier allowed the afore three persons to return to their home countries on certain conditions, one of which was to furnish a bank guarantee of Rs. 1 lakh each.

Justice Bechu Kurian Thomas was considering the plea filed by seven foreign crew members of the ship which capsized in May last year, forcing them to stay in India for more than a year.

When the matter came up today, Senior Advocate Grashious Kuriakose appearing for the petitioners informed the Court that these three persons had not yet been able to return home since they were not able to comply with the condition for bank guarantee due to a technical issue.

"They have not yet gone?," Justice Bechu orally enquired.

When the answer was in the negative, the Court went on to modify the condition imposed and directed that the 3 petitioners can deposit cash of Rs. 1 lakh each instead of furnishing bank guarantee for the amount:

"It is submitted that since there is a technical difficulty in furnishing the bank guarantee, petitioners 5 to 7 may be permitted to deposit cash for Rs. 1 lakh each...I am of the view that the modification as sought for can be granted. Accordingly, para 13(i) in the order dated 09.06.2026 shall stand modified by permitting the petitioners to deposit Rs. 1 lakh in lieu of the bank guarantee."

The three persons permitted to leave are not named in the preliminary inquiry report in the formal investigation under the Merchant Shipping Act nor are they accused in the criminal case registered by the Coastal Police Station, Fort Kochi.

The Senior Counsel further submitted that the statutory investigation undertaken by the Magistrate as per Section 360 of the Merchant Shipping Act is posted for consideration on July 9. Considering the same, the Court posted the present plea to July 14 (Tuesday).

Earlier this month, the Court had directed the rest of the four crew members, who are booked in criminal case, to approach the Magistrate court having cognizance for appropriate reliefs.

With respect to two of them (petitioners 1 and 3), the Court had not passed any order yet permitting them to leave as it was of the view that their statements had to be taken since they are part of a statutory investigation.

The petition is moved by Senior Advocate Grashious Kuriakose and Advocates Pranoy Kottaram, Amitava Majumdar, Goenka Ruchir Bikas Chandra, Ashutosh Tiwari, Sivaraman P.L, Athul Babu, and Sreenand Udayan.

ASGI P. Sreekumar appeared for the Union, Directorate General and MMD.

Case No: WP(C) No. 17115/2026

Case Title: Ivanov Alexander and Ors. v. Union of India and Ors.