The Kerala High Court on Monday permitted two more foreign crew members of the MSC Elsa 3 (IMO: 9123221) to return to their home countries under certain conditions.

According to the ruling by Justice Bechu Kurian Thomas, petitioners two and four—the Chief Officer and Second Engineer of the ship—have been permitted to return.

"Petitioners 2 and 4 are permitted to leave India subject to ... a bond of 10 lakhs with two sureties with cash security of 1 lakh before JFCM, Kochi, undertaking that they will cooperate with the investigation conducted under Section 360," the court order read, as per a LiveLaw report.

The case so far

These two seafarers were part of a group of seven stranded in Kerala, long after the rest of the ship's 24-member crew were allowed to return to their home countries.

The 24 people had been evacuated from the Liberian-flagged container ship by the Indian Coast Guard after it sank about 14.6 nautical miles off the coast of Kerala after severely listing (tilting to one side due to the entry of water inside the vessel) in May 2025.

ALSO READ | Why 7 foreign crew members of 'MSC Elsa 3' shipwreck remain stranded in Kerala

This had a severe impact on fishing communities in the region, who joined the legal battle against the Mediterranean Shipping Company (MSC), which managed the MSC Elsa 3.

At the time, the Mercantile Marine Department (MMD), Kochi, had issued a notice preventing all 24 crew members from leaving Kochi without written permission, while the Coastal Police also filed an FIR under several provisions of the Bharatiya Nyaya Sanhita (BNS) 2023 in connection with the tragedy.

In August 2025, the Director General of Shipping (DGS) allowed 15 members to return to their home countries, but excluded seven people deemed necessary for the investigation—the Captain, Chief Officer, Chief Engineer and Second Engineer, because they were accused in the case, and three other crew members as witnesses.

Justice Thomas later allowed the witnesses—the Electro Technical Officer, Sea Man and Motor Man of the ship—to return home after fulfilling certain conditions.

ALSO READ | 'MSC Elsa 3' shipwreck probe: Kerala High Court offers 4 remaining sailors path to bail, potential departure

This is because they were neither named in the preliminary inquiry report in the formal probe under the Merchant Shipping Act, nor were they accused in the criminal case registered by the Coastal Police Station, Fort Kochi.

This comes after the seven crew members moved the Kerala HC earlier this year, alleging that they had been illegally detained in India for over a year in connection with the criminal case linked to the shipwreck.

The Monday ruling now leaves behind just the Captain and the Chief Engineer, who will be heard further when the Court returns after its Onam vacation.

Meanwhile, the Directorate General of Maritime Administration (DGMA) has written to the Indian Navy proposing an independent underwater survey and technical assessment of the MSC Elsa 3 shipwreck.

The proposal, which is based on a directive from the Kerala High Court, may include verification of the shipwreck's current condition, its orientation and structural integrity of the wreck and an assessment of the present status and integrity of the submerged containers.

The Navy has been urged to reply before the matter comes up again in the Kerala High Court on August 11.

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