Madras HC reserves orders on bail appeal of 12 Indian sailors

Madurai bench of the Madras High Court today reserved its orders on the appeal for bail filed by the 12 Indian sailors, arrested along with other crew members of US ship Seaman Ohio on the charge of illegally carrying weapons in Indian waters.

Justice Aruna Jagadeesan reserved the orders without specifying any date after hearing the counsels for the petitioners and the prosecution. The Indian sailors had filed separate bail application in the jurisdictional court in Tuticorin which granted it. However, the bail was cancelled on a review petition by the Q Branch Police, challenging which they have filed the appeal in the high court.

The 35 crew members of the ship M V Seaman Ohio were arrested on October 18 by Tamil Nadu police after it was intercepted by the Coast Guard. In his counter, Q branch Investigation Officer RD Baskaran said the ship entered the territorial waters of India without obtaining any authorization from the competent authority with huge quantity of arms and ammunition on board. It had violated Arms Act and Essential Commodities Act. He submitted that the ship did not have any authenticated documents for possessing arms.

The captain of the vessel who agreed to produce it in an hour had not produced it till date. The e-mail request by the I.O to produce documents was also sent to the accused company,but no reply had been received. The vessel was found by the Coast Guard near Vilangusulli island in Tuticorin District.

Referring to the ship crew's stand that they were engaged in anti-piracy operations, the counter said it was incumbent on the part of the accused to have proper documents from the flag state authorising them to carry arms and ammunitions in view of world wide terror threats and possibility of terrorists carrying arms under guise. It said the Indian crew's request could not be considered separately, as they were collectively responsible and they could be seen as one among 35 accused on board the ship.

The ship in question was a floating armoury with huge quantity of firearms and ammunition without permission or authorisation, it said contending that they could not be granted bail for now.