Kerala HC allows two foreign seafarers to leave India in marine casualty case
Kerala HC allows foreign seafarers to leave India

Kochi: The Kerala High Court has permitted the master and chief officer of the Singapore-flagged container vessel MV Wan Hai 503 to leave India after they were rescued and retained in Mangalore following a marine casualty caused by a fire on board the vessel off the Kerala coast on June 9, 2025.

Court Order and Conditions

Justice Bechu Kurian Thomas granted permission to the petitioners, Wei Chun-Ju, a Taiwanese national, and Tao Peng, a Chinese national, to return to their respective countries. The court, however, imposed certain conditions for their release, including furnishing a bank guarantee of Rs 25 lakh each in favour of the mercantile marine department for a period of three years. The guarantees shall be renewed annually until the conclusion of the criminal case and all related proceedings. The petitioners have also been directed to appear, either in person or through virtual mode, whenever required by the court or the concerned authorities.

Incident Details

The marine casualty occurred about 44 nautical miles off Azhikkal, Kerala. The vessel was subsequently towed to Jebel Ali Port in the United Arab Emirates on August 24, 2025. Meanwhile, the petitioners had remained in Mangalore since June 9, 2025, in connection with the pending criminal case, while investigations were being conducted by the Directorate General of Shipping and the Mercantile Marine Department. Both seafarers approached the High Court seeking permission to leave India, citing their prolonged stay in the country and the inordinate delay in the completion of the proceedings. The investigating authorities also categorically stated that they had no objection to the petitioners leaving the country, provided they appeared whenever required.

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Court Observations

During the hearing, the High Court observed that the continued retention of the petitioners in India was contrary to the principles underlying international maritime conventions, including the Guidelines on Fair Treatment of Seafarers in the Event of a Maritime Accident, 2006. The court further noted that the station house officer of Fort Kochi police station, where the crime had been registered, had not indicated when the investigation was likely to be completed.

Final Order

Accordingly, the High Court permitted the petitioners to leave India and directed the Judicial First Class Magistrate Court-I, Kochi, to return the passports seized from them and deposited before the court upon obtaining affidavits undertaking to comply with the conditions imposed.

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