Devananda not a proclaimed offender: Indian HC

Sri Lankan minister Anandan alias Douglas Devananda is not a proclaimed offender, the Madras High Court has held. The trial court, the IV Additional Sessions Court in Chennai, on April 30, 1994 had declared him only as an absconding accused.

The order stipulated a time limit for his surrender. The accused did not appear before the trial court before the stipulated period. But the trial court did not pass any final order declaring him as proclaimed

offender after the expiry of the time limit, Justice GM Akbar Ali pointed out on Wednesday. Therefore, he could not be treated as a proclaimed offender, the judge said while disposing of a criminal original petition from Devananda seeking to quash the April 30, 1994 proceedings pending before the trial court.

As the bail granted to Devananda had already been cancelled, he was to be treated as absconding and, therefore, the proceedings pending before the trial court need not be quashed, but suitable directions might be issued to meet the ends of justice, the judge said.

The judge granted the liberty to Devananda to approach the High Court seeking anticipatory bail. He also directed Devananda to approach the trial court to recall the nonbailable warrant (NBW) pending against him by showing cause for his nonappearance and, on filing such application, the trial court should consider the application and pass suitable orders, the judge said.

According to Aminjikarai police, there was a shootout in which one person was killed in Tiruvalluvarpuram on November 1, 1986. Ten persons including Devananda, all belonging to the EPRLF, were arrested. A case was registered for various offences including 302(murder) of the IPC and the Indian Arms Act. They were, however, granted bail by the High Court subsequently. And they absconded after appearing before the trial court, Express Buzz reports.