Tanur Boat Accident: Kerala Maritime Board Chief Surveyor Moves High Court For Bail

A bail application has been moved in the Kerala High Court by Sebastian Joseph, the Chief Surveyor of the Kerala Maritime Board who had been arrested in connection with the tragic Tanur boat accident that claimed 22 lives, including 15 children in Malappuram district.

The High Court had initiated suo motu proceedings in the matter on May 9, 2023. 

Single Judge Bench of Justice Ziyad Rahman A.A. has posted the matter for consideration on July 12. 

The prosecution allegation is that on May 7, 2023, a boat which permitted excess number of passengers and took them for a ride, capsized.

The petitioner averred that he was arrested and detained in police custody in order to satisfy the media that had made 'hue and cry' alleging the involvement of politicians and to stop the media from making allegations against the government. 

It is submitted that when the owner of the boat submitted an application for survey, which was forwarded to the petitioner in his capacity as the Chief Surveyor, the petitioner rejected the prayer on the ground that the owner did not submit Form 1 application and that it was thus not possible to survey the boat. It is submitted that the boat owner thereafter submitted a complaint to the Chief Executive Officer, Kerala Maritime Board, who subsequently directed the Port Officer and Registering Authority, Aleppey, to collect Rs. 10,000/- as fine, and to conduct the survey of the boat. 

The petitioner avers that he had strictly followed the procedure and rejected the prayer of the boat owner on the ground that Form 1 had not been submitted. It was added that the higher authorities had decided to condone the procedural lapses on the part of the boat owner, and directed the survey of the boat. 

The petitioner submitted that the certificate of survey clearly stipulated that only 22 persons could be accommodated in the lower deck, and that there had been no permission granted to the boat owner to use the upper deck. It was added that the boat had no upper deck other than the roof where the water tank was kept, and that there was thus, no ladder provided for the use of the passengers. 

The petitioner further relies upon Section 9 of the Inland Vessels Act, 2021, by which officers are accorded with immunity under Section 109 of the statute (Protection of Action taken in Good Faith). 

"The petitioner has not violated any provisions or committed any breach of procedure while conducting the survey of the ship, and the petitioner was implicated in the crime only to save certain higher ups, and to satisfy and shut the mouth of the media. The petitioner is innocent of the allegations and he has cooperated with the investigation, He helped the investigation agency to ascertain the technical features of the boat and appeared before the investigation officer on several occasions before his arrest, and he is prepared to furnish sufficient security for his appearance before Court, as and when required," the plea states. 

The petitioner further avers that he has been arrested and detained in judicial custody for more than 17 days, and that the further detention of the petitioner is not essential since the period of custodial interrogation is over. 

The plea has been moved through Advocates S. Rajeev, M.S. Aneer, V. Vinay, Sarath K.P., Anilkumar C.R., and Prerith Philip Joseph. 

Case Title: Sebastian Joseph v. State of Kerala