JUDGMENT

R.M. Lodha, J.-Leave granted.

2. We have heard Mr. K.K. Venugopal, learned senior counsel for the appellants, Mr. Goolam E. Vahanvati, learned Attorney General of India for respondent No. 6, and Mr. Gopal Subramaniam, learned senior counsel for respondent Nos. 2 and 3. Despite service, respondent No. 1 has not chosen to appear.

3. The vessel – M.T. Enrica Lexie – and M/s Dolphin Tanker SRL (owner of the vessel) are in appeal aggrieved by the order passed by the Division Bench of the Kerala High Court on April 3, 2012 whereby the Division Bench set aside the judgment and order of the Single Judge dated March 29, 2012.

4. The controversy arises in this way. On February 15, 2012 an First Information Report (FIR) was lodged at Neendakara Coastal Police Station by one Fredy, owner of the Indian registered fishing boat St. Antony. It was alleged in the FIR that at 4.30 p.m. (IST) on that day while the fishing boat St. Antony was sailing through the Arabian Sea, incriminate firing was opened by an Italian Ship - M.T. Enrica Lexie (first appellant). As a result of firing from the first appellant vessel, two innocent fishermen who were on board the fishing boat St. Antony died