Ship captain refused advance bail

CHENNAI: Gordon Charles Periera (48), the master mariner of MV Prabhu Daya involved in an accident off Kerala coast and said to have caused the death of five local fishermen on March 1, was refused interstate advance bail by the Madras High Court on Monday.In his application, Pereira, accused No 3 in the case, prayed for a direction to the police and other authorities to conduct the enquiry within the ship itself, which was stationed near the Port of Chennai and later, ordered to be arrested by the Madras High Court, last week.The first accused, who was allegedly attacked and pushed down into the sea from the ship, was taking treatment in Sri Lanka. The second accused was arrested and taken to Kerala for interrogation by the Kerala police. Petitioner said that considering the volatile situation prevailing in the State of Kerala, the interrogation had to be done at Chennai. In any case, the custodial interrogation was not required. Hence, the entire interrogation should be done at Chennai, that too at the ship, his counsel argued.Rejecting the arguments, justice M M Sundaresh pointed out that admittedly two complaints had been registered by the police in Kerala. The co-accused had been arrested and taken into custody. Hence, Pereira could not insist that he  be interrogated at Chennai, merely because the ship was at Chennai. The investigation was at the preliminary stage.When the co-accused had been arrested and investigation was on, the police could not be expected to conduct the further probe in a piecemeal manner at Chennai.In view of the allegations made, the petitioner could not be asked to stay away. Moreover, what was sought for in the petition was an interstate anticipatory bail. Hence, petitioner’s contention could not be accepted as the manner in which the probe had to be conducted was within the realm of Kerala police. When the second accused had been arrested and taken to Kerala, it could not be stated that the petitioner would have to be shown any difference, the judge added, and dismissed the petition.