The Kerala High Court on Monday permitted two more foreign crew members of the sunken cargo vessel MSC Elsa 3 to leave India and return to their home countries, while binding them to cooperate with the continuing investigation into the shipwreck off the Kerala coast. The order was passed by Justice Bechu Kurian Thomas, who has been hearing petitions from crew members stranded in India for over a year since the vessel sank on 25 May 2025.

Who Was Allowed to Leave

The court granted departure clearance to the ship's Chief Officer and Second Engineer, subject to a set of strict conditions. Both officers must execute a bond of ₹10 lakh with two sureties each, and deposit ₹1 lakh in cash security before the Judicial First Class Magistrate Court in Kochi before departing.

They are also required to furnish a formal undertaking pledging full cooperation with the ongoing investigation under the applicable provisions of law, along with their permanent address, mobile number, and other contact details.

Why the Court Allowed It

The High Court had earlier signalled its inclination to grant relief to these two officers, noting that their names did not appear in the preliminary enquiry report into the sinking. Monday's order is the second of its kind in this case. In an earlier ruling, the court had allowed three other foreign crew members to return to their respective countries under similar conditions.

With Monday's decision, five of the seven foreign crew members who had approached the court have now been permitted to leave India.

Who Remains in India

The ship's Master and Chief Engineer continue to remain in the country. Their petitions are yet to be taken up for final decision, and their departure is not yet authorised. These two are considered the most senior officers aboard and may be central to establishing command responsibility for the sinking.

Background: The MSC Elsa 3 Sinking

The MSC Elsa 3, a Liberian-flagged cargo vessel, sank off the Kerala coast in May 2025, triggering a major investigation by Indian maritime and law-enforcement agencies. The inquiry is focused on establishing the precise cause of the accident and fixing legal responsibility. The case has drawn sustained attention given the scale of the maritime incident and the prolonged detention of foreign nationals in India pending its resolution.

Notably, the crew members have been in India for more than a year — an unusually long period that has added urgency to their legal petitions. The High Court has posted the matter for further hearing after the Onam vacation, when the remaining petitions, including those of the Master and Chief Engineer, are expected to be taken up.