Elsa 3 sinking: Kerala HC allows three crew members to leave India

Kochi: High court on Tuesday granted permission to three seafarers of MSC Elsa 3, who were rescued and retained in Kochi after the vessel capsized off the Kerala coast on May 25, 2025, to return to their respective countries, subject to certain conditions.

Justice Bechu Kurian Thomas granted permission to Hordyeyev Valeriy of Ukraine and Castaneda Ronald Punzalan and Velasco Ryan Ontolan of the Philippines to return to their home countries, observing that there was presently no material to implicate them in connection with the shipwreck. HC directed that Valeriy, Punzalan and Ontolan may leave India upon executing a simple bond of Rs 10 lakh each with two solvent sureties or furnishing a bank guarantee of Rs 1 lakh each before the jurisdictional court. They shall also undertake to cooperate with the trial proceedings and the ongoing investigation under Section 360 of the Merchant Shipping Act, 1958, relating to the shipwreck, and return to India if directed by the jurisdictional court or the investigating officer. The court further directed them to furnish their permanent addresses and mobile phone numbers, along with affidavits undertaking to appear through virtual mode whenever directed by the jurisdictional court or the investigating officer.

Meanwhile, HC adjourned to June 15 the applications filed by four other seafarers — Captain Ivanov Alexander of Russia, Reynold Paredes Mahinay of the Philippines, Oleksii Chornyi of Ukraine and Kakhidze Roman of Georgia — seeking permission to return to their countries. All four have been arrayed as accused in a case registered by the Coastal Police Station, Fort Kochi, in connection with the shipwreck. While considering their applications, the court observed that it would explore the possibility of expediting the proceedings.

A report submitted by the judicial first-class magistrate court, Thoppumpady, in compliance with HC’s previous direction, stated that the proceedings relating to the investigation under Section 360 of the Merchant Shipping Act, 1958, had been posted to June 26 for the examination of Alexander, the ship’s captain, and Chornyi, the vessel’s chief engineer. Accordingly, the bench directed the magistrate court to consider whether the proceedings could be advanced. The bench further directed Alexander and Chornyi to appear before the magistrate court at 10am on June 12 and instructed the court to fix an earlier date for their examination than the one previously scheduled.