Ship's captain has moved Madras High Court for anticipatory bail
The Madras High Court on Friday ordered the arrest of m.v. Prabhu Daya, which is believed to be involved in a mid sea-collision off the Kerala coast on March 1.
The vessel is now lying at the outer anchorage, nearly 2.4 km from the Chennai shore.
Justice K.B.K. Vasuki passed the interim order on a petition by Jacob Antony of Thangasseri, Kollam (Kerala), the owner of the fishing vessel MFV Don No.1, which was fishing in the Arabian Sea, about 16 nautical miles on the western side of Manakodam lighthouse, Ambalapuzha.
The petitioner submitted that on March 1, a large ship collided with MFV Don No.1.
The fishing vessel capsized. Of the seven crew members, Michael Andrew and Joseph were rescued by other fishing boats in the area.
The driver of the fishing vessel, Xavier Antony, could not be saved and only his body could be brought to the shore. The other crew members drowned.
The ship did not wait to rescue the fishermen. The statutory authorities were immediately informed by the other fishing boats.
The body of one Justin was recovered after some time while the body of Jose Sephen alias Santosh was recovered by an Indian Navy Ship. The bodies of other two were yet to be recovered.
M.V. Prabhu Daya is a ship bearing the Singapore flag. It had been directed to come to Chennai for a detailed investigation.
Mr. Antony said m.v. Prabhu Daya was liable to compensate him for the loss of its fishing vessel with its accessories and fish catch.
It should also compensate the families of the dead crew members.
He prayed for a judgment against m.v. Prabhu Daya for Rs.1 crore with interest.
The ship should be arrested in Chennai.
An anticipatory bail application has been filed before the Madras High Court by Gordon Charles Pereira of Vishakapatnam, the ship's captain. It is likely to come up for hearing on Monday.
Keywords: Cherthala collision, maritime accident, Prabhu Daya
I strongly condemn the vessels actions after the collision, what she and the crew did is deplorable. Saying this I must add that the government should revise their policies w.r.t. training & certification of Indian fishermen, (basically they are non existent.) Being a Ship's Captain myself, I have experienced 01st hand the difficulties in navigating large vessels off the Indian coast with heavy fishing traffic. The fishing boats do not exhibit the proper navigation lights as required by the International Rules of the Road for Sea, nor do they abide by the International law of the sea w.r.t. Radio communications, they use the International Distress,Safety & Calling Channel, 16, for routine conversations & block this channel frequently so that at times emergency calls are not possible on this frequency. The government should wake up to the fact that if other 03rd world countries can move with the times & improve their fishing industries, why can't we as Indians do the same?
Nowadays fishing is dangerous not so much from the elements of nature
like winds and waves but from trigger happy human fingers and rogue
ships and of course pirates.
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