The Kerala High court today set aside a single judge's direction to release on furnishing a bond the Italian ship ‘Enrica Lexie' detained off Kochi port since February 15 in connection with gunning down of two Indian fishermen, allegedly by marines aboard the vessel.

Observing that the single judge's orders ‘deserves' to be set aside, the court directed the ship's owners Dolphin Tankers, the petitioner, to approach the Chief Judicial Magistrate court in Kollam with an application to release the vessel within a week from the date of the receipt of the copy of this judgment.

Thereafter the magistrate can dispose of the application within one week, a division bench, comprising Acting Chief Justice Manjula Chellur and Justice V. Chidambaresh, said.

The Bench directed the CJM court to give an opportunity to the State and others concerned to be heard. The magistrate can apply his mind to the facts of the case regarding retention of the vessel, the judges held.

“It is a matter to be considered by the court which has jurisdiction to consider whether the vessel is required throughout the investigation and subsequently for the purpose of trial or inquiry,” the judges said.

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