Manjula Chellur, ACJ

1. Heard the learned counsel for the appellants in W.A. Nos. 678 and 679 so also the counsel appearing for the first respondent, learned Assistant Solicitor General and learned Advocate General as well.

2. The writ petitioner claiming to be a foreign merchant oil tanker vessel named as "MT Enrica Lexie" which was presently anchored within the Cochin Port Trust limits was on its way from Singapore to Port Said in Egypt. On the unfortunate day of the incident, 15-02-2012 when the vessel was at a distance of 20.5 Nautical Miles off the coast of India beyond the territorial waters of India, the petitioner vessel alleges it came under provocation from a boat which prompted or led the Italian Naval Personnel/NMP Squad to fire into the water which ultimately killed two fishermen namely Mr.Valantine and Mr.Xavier on board in a fishing boat named as 'St.Antony'.

3. Subsequently, Crime No. 2 of 2012 came to be registered by the concerned Circle Inspector of Police for an offence punishable under Sec.302 IPC. Investigation is under progress which includes search of vessel, seizure of weapons from the vessel as apparent from the records. Apparently two persons