Kerala HC Tells MSC Elsa 3 Crew Accused to Seek Relief Before Magistrate After Cognizance Taken
The Kerala High Court directed four crew members of vessel MSC Elsa 3, arrayed as accused under the Merchant Shipping Act, to approach the Magistrate's court now that cognizance has been taken.
Seven foreign crew members of the container vessel MSC Elsa 3 — detained in Kochi and staying at a hotel in Marine Drive, Ernakulam — had approached the Kerala High Court seeking the return of their passports and permission to leave India. On 15 June 2026, Justice Bechu Kurian Thomas, sitting singly at Ernakulam, recorded that the Magistrate had already taken cognizance of the case, numbering it C.C. No. 140/2026. The court held that petitioners 1 to 4, who are arrayed as accused in the crime, are now free to approach the Magistrate directly — either on receipt of summons or by filing a petition to advance the case — and seek whatever reliefs they require. The writ petition was listed for further consideration on 30 June 2026.
The Crew and Their Petition
The seven petitioners are officers and crew of MSC Elsa 3. Petitioner 1, Ivanov Alexander (aged 61), is the vessel's Captain and a Russian national. Petitioner 2, Reynold Paredes Mahinay (aged 60), is the Chief Officer and a Philippine national. Petitioner 3, Oleksii Chornyi (aged 50), is the Chief Engineer and a Ukrainian national. Petitioner 4, Kakhidze Roman (aged 55), is the Second Engineer and a Georgian national. Petitioner 5, Hordyeyev Valeriy (aged 69), is the Electro Technical Officer and a Ukrainian national. Petitioners 6 and 7, Castaneda Ronald Punzalan and Velasco Ryan Ontolan, are Philippine nationals serving as Able Seaman and Motorman respectively. All seven were residing at Vivanta Ernakulam, Shanmugham Road, Kochi at the time of the petition.
The writ petition sought two interim reliefs: first, a direction to Respondent No. 3 — the Principal Officer, Mercantile Marine Department, Kochi — to consider and pass orders on a representation (Exhibit P20) submitted by Petitioner No. 5 within a court-fixed time frame; and second, directions for the release of all petitioners' passports and permission to return to their respective countries of residence, pending disposal of the writ petition.
The respondents include the Union of India through the Ministry of Port, Shipping and Waterways, the Director General of Shipping, the Principal Officer of the Mercantile Marine Department Kochi, the State of Kerala, the Inspector General of Police (Coastal Security), and the Station House Officer of the Coastal Police Station, Fort Kochi.
Proceedings Under Section 360 of the Merchant Shipping Act, 1958
The legal proceedings against the crew arise under Section 360 of the Merchant Shipping Act, 1958. That provision falls within the Act's framework governing inquiries into shipping casualties and related matters before a Magistrate, with the assistance of assessors.
Senior Counsel Grashious Kuriakose, appearing for the petitioners, informed the court that pursuant to the High Court's earlier order dated 9 June 2026, petitioners 1 and 3 — the Captain and the Chief Engineer — had appeared before the learned Magistrate in those proceedings. The matter had been posted to 17 June 2026 for the appointment of an Assessor.
Additional Solicitor General of India P. Sreekumar, appearing for Respondents 1 to 3 (the Union of India, the Director General of Shipping, and the Principal Officer, Mercantile Marine Department), submitted that the list of assessors was ready and would be placed before the Magistrate on the next posting date.
Senior Government Pleader Parvathy Koottolil, appearing for Respondents 4 to 6 (the State of Kerala and the coastal police authorities), submitted that the final report had been resubmitted after curing defects, and that the Magistrate had already taken cognizance and numbered the case as C.C. No. 140/2026.
Why the High Court Redirected the Accused Petitioners
The taking of cognizance by the Magistrate and the numbering of the case as C.C. No. 140/2026 was the pivotal development. Once a Magistrate takes cognizance of an offence and the accused are identifiable, the ordinary course is for those accused to seek reliefs — including bail or advancement of the case — before that Magistrate rather than through a writ petition in the High Court.
Justice Bechu Kurian Thomas recorded this position and directed that petitioners 1 to 4, being the accused in the crime, are at liberty to approach the Magistrate either on receipt of summons or by filing a petition to advance the case and seek appropriate reliefs. The court did not close the writ petition but listed it for further consideration, leaving open the position of petitioners 5 to 7 who are not arrayed as accused.
Outcome
By its order dated 15 June 2026, the High Court noted the stage of the Magistrate's proceedings and directed petitioners 1 to 4 to seek appropriate reliefs before the Magistrate in C.C. No. 140/2026, either upon receipt of summons or by moving a petition to advance the case. The writ petition was listed for further consideration on 30 June 2026.