The Kerala High Court on Monday granted bail to Sebastian Joseph, chief surveyor of the Kerala Maritime Board, and Prasad V.V., senior port conservator, Beypore, who had been arrested and remanded in connection with the boat accident at Tanur in Malappuram which claimed 22 lives.
Justice Ziyad Rahman A.A., while granting them bail, observed that considering all the materials placed before the court and also the fact that the petitioners had been in custody for more than 40 days, it did not find any necessity for further incarceration of the petitioners. The court also noted that the detention of the accused during the investigation cannot be for punitive or preventive purposes.
The court observed that it could be seen that, even as per the prosecution, the direct cause of the accident was the illegal operation of the boat by the first accused and his agents. As far as the role of the petitioners was concerned, it was to the effect that they permitted and facilitated the first accused (owner of the boat) to operate the boat without complying with the statutory requirements. It was a matter to be established by the prosecution.
The court also noted that one of the crucial reasons for the accident was that the persons operating the boat permitted entry of 52 persons in the boat, whereas its maximum carrying capacity was only 22. Further, the boat did not have any authorisation to operate as the registration process was not complete.
