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January 24, 1998

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Kochi espionage accused allowed to go home

D Jose in Thiruvanathapuram

The two French nationals who were chargesheeted in the ocean survey espionage case in Kochi, Kerala's port city, have left for their country temporarily.

Kochi Police Commissioner Jacob Thomas said Francis Clavel of Paris and Elle Philippe of Madagascar, who were chargesheeted along with former MP K V Thomas and Captain S M Furtade, left the country early this week after receiving permission from the Kerala high court.

The court gave them permission following an understanding between the Indian and French governments. The duo will have to return by May 10.

The duo's plea for interim custody of the French vessel Galathee in which they arrived in Kochi in December 1995 was, however, turned down. The Ernakulam chief judicial magistrate said he was not inclined to accept that they needed the vessel to earn money for their family and that it would be damaged if it was kept idle.

The Central Bureau of Investigation had charged the two Frenchmen with entering into a criminal conspiracy with Furtade and Thomas to conduct an illegal survey in the Indian waters, off Kochi. The investigating agency said their objective was to explore and exploit the exclusive economic zone and sea-bed resources near the southern naval base and Kochi harbour.

The CBI said the act constituted 'inherent security risk to the Indian naval operations and was prejudicial to the interest, sovereignty and integrity of the country.' The offence was punishable under the Indian Penal Code and Official Secrets Act.

The French vessel was intercepted by the coast guard in January 1996 while conducting the survey. They initially maintained the survey was intended for setting up an aquaculture unit, but later came out with differing versions.

The temporary release of the two was the result of 'high level lobbying by the French government'. The French embassy was in constant touch with the external affairs ministry which recommended their release on receiving an undertaking that the duo would be returned to India to face trial. President Jacques Chirac, who is in India this week, was expected to discuss the Frenchmen's detention with the Indian government.

The high court had earlier granted bail to the accused on the condition that they would not leave the country without the court's permission.

On their return, the accused will have to surrender their passports with the Ernakulam CJM and report to the CBI.

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