T JAYA Vs. STATE

JUDGEMENT

(1.) This is an application for bail of the owner of the vessel "Aqua Marine" which sank near these islands on 26th January, 2014. Forty eight persons were on board. Twenty two lives were lost. According to the prosecution, as made out in Court, this tragedy was solely attributable to the culpable conduct of the owner and other person's associated with the vessel, in taking on board forty eight persons when the capacity was twenty persons.

(2.) Learned counsel for the petitioner produces a Surveyor's declaration under section 7 of the Act 1 of 1917 dated 7th January, 2014 where the capacity of the vessel was specified as 50 persons. However, it appears from the statement at the foot of this form that this declaration was provisional subject to further investigation and verification by the Indian Registrar of Shipping. This document is taken on record.

(3.) The petition was arrested on 29th January, 2014 and is in custody for 24 days. According to Mr. Mandal investigation is not complete and that it is required to be carried out in custody.