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2014 DIGILAW 940 (MAD)

K. K. Selvaraj v. State

2014-04-16

P.DEVADASS

body2014
Judgment : Petition for bail in Cr.No.35 of 2014. 2. Offences alleged are under Section 302 r/w 34, 147, 302 r/w 149 and 109 I.P.C. 3. According to the learned counsel for the petitioner, petitioner is Chief Doctor in Government Hospital, Tindivanam. He had dispute with his wife Ginnett @ Latha. Their marriage was dissolved through a Family Court. On 12.2.2014, in a road accident, in Puducherry, she died. However, his former mother-in-law, on suspicion, lodged complaint against the petitioner that he has murdered her daughter. 4. The learned counsel for the petitioner further contended that except the confessional statement of other accused, there is no incriminating materials as against the petitioner. Petitioner is in jail for more than 60 days. Major part of investigation is over. He has fixed place of residence. He has no bad antecedents. He has been suspended from service. He will not flee away from justice. He may be granted bail. 5. On the other hand, the learned Government Advocate (Crl. Side), U.T. of Puducherry, submits that accused Selvaraj is the brain behind the murder. He had motive with his ex-wife. Through hired killers he had killed the deceased. A Tata Sumo car has been used to dash behind her motorcycle. She sustained head injury. She died at the hospital. It was shown as a road accident. Actually, it is homicide. The car was seized. Statements were recorded from the witnesses. 6. I have anxiously considered the rival submissions, perused the averments in the bail petition and the case-diary. 7. Dr.Selvaraj studied M.B.B.S., and M.D. in Stanley Medical College, Chennai. Once he had his clinic in Chennai. Ginnett @ Latha was his patient. They became lovers. Later, they became spouses. They were blessed with children, but, not with a happy married life. 8. Ginnett @ Latha was a B.E. Graduate. Employed as a Junior Engineer in a Government office in Puducherry. Dr.Selvaraj was Chief Doctor in the Government Hospital, Tindivanam. He sold his land in Tittakudi and built a house in Puducherry and shifted his family to Puducherry. 9. Dr.Selvaraj suspected his wife was having illegal contact with her colleague Prabakaran. Difference of opinion arose between the couples. Divorce was granted by the Family Court and maintenance was also ordered. There was arrears. In the circumstances, Ginnett @ Latha through court attached the property of her ex-husband to realise the maintenance amount. 10. 9. Dr.Selvaraj suspected his wife was having illegal contact with her colleague Prabakaran. Difference of opinion arose between the couples. Divorce was granted by the Family Court and maintenance was also ordered. There was arrears. In the circumstances, Ginnett @ Latha through court attached the property of her ex-husband to realise the maintenance amount. 10. In the circumstances, on 12.2.2014, at about 11.45 a.m., when Ginnett @ Latha was driving her Yamaha Ray motorcycle No.PY 01 BU 5811, near Sivasakthi wines and bar at Marailmalai Adigalar Salai in Puducherry, a Tata Sumo Vista No.PY 01 AQ 1139 came driven and hit on the rear side of the motorcycle. Ginnett @ Latha was thrown out. She sustained serious head injury. At about 12.40 noon, she died at the hospital. 11. Her mother Tara lodged complaint suspecting her former son-in-law. Initially, a road accident case was registered under section 304-A I.P.C. Later, in the course of investigation, the Investigation Officer altered the section of law to Section 302 IPC. He examined several witnesses. 12. Statements of Devanathan and Sridar, who are brothers of Prabhakaran, a colleague of the deceased was recorded. The deceased had a-live-in relationship with Prabhakaran. 13. Tata Sumo car driver Vijayendiran was nabbed. Confessional statement of Vijayendiran was recorded. Subsequently, Velayutham @ Velu, Veerapathiran @ Veera, Sudarsane @ Ranjith, Vijayendiran, Raji @ Iruthaiyaraj, Murugan, Venkatesan Rajendran were arrested and their confession statements were recorded and material objects were seized. 14. It came to light that by the attachment of his property through Court on the initiative of his ex-wife and during the Family Court Case hearings, since his former wife appeared along with her lover Prabhakaran. Dr.Selvaraj got infuriated. He was worried very much by her such behavior. 15. Dr.Selvaraj was running his private Clinic in Tindivanam. Accused Velayutham @ Velu came to him for treatment. Both became very close. They have decided to eliminate Ginnett @ Latha by engaging contract killers. Velu and Veera arranged the assassins. Dr.Selvaraj identified his ex-wife to the killers. They have drawn up a sketch to kill Ginnett @ Latha by dashing her by a car. Their idea is to show that she died in a road accident. The hired killers tracked down her movements planted informers to her routes. Thus, she died in the make-belief road accident. Dr.Selvaraj identified his ex-wife to the killers. They have drawn up a sketch to kill Ginnett @ Latha by dashing her by a car. Their idea is to show that she died in a road accident. The hired killers tracked down her movements planted informers to her routes. Thus, she died in the make-belief road accident. But, in the course of investigation, it came to light that to wreak vengeance, Dr.Selvaraj killed her through hirelings. He paid money to the members of the killer-squad. 16. The argument of the learned counsel for the petitioner that complainant Tara burked her daughter's relationship with Prabharan and they are having a child through such relationship would not tilt the scale in favour of the petitioner. 17. There is strong prima facie case as against the petitioner. A women was killed by engaging hirelings. Accused are schemy persons. She was killed through contract killers. Dr.Selvaraj financed the killing. Very serious allegations are made. If he is let out on bail, possibility of fleeing away from justice cannot be ruled out. Investigation is going on. There will be danger of interfering with investigation also. 18. In the circumstances, I am not inclined to grant bail. 19. Accordingly, the bail petition is dismissed.