Bombay HC tells Binoy Kodiyeri to give DNA sample

Mumbai: The Bombay high court has directed a Kerala CPI(M) leader’s son Binoy Kodiyeri, who is accused of raping a woman, to provide DNA samples to the police to determine if he had fathered the complainant’s child. Accord-ing to the woman, Binoy, son of Kerala CPI(M) state secretary Kodiyeri Balakrishnan, had sexually abused her on the pretext of marriage and allegedly fathered a child.

A division bench of Justice Ranjit More and Justice Bharti Dangre was hearing a petition filed by Binoy, who approached the court to quash the FIR against him that was registered in Oshiwara police station on June 13. On July 3, the Dindoshi sessions court of suburban Mumbai had granted Binoy anticipatory bail and directed him to cooperate with the police and provide DNA samples to test the child’s paternity.

On Monday, senior Counsel Shirish Gupte, who represented Binoy, argued, “The petitioner has an objection to the direction given by the sessions court to give his DNA samples to the police.” Refusing his arguments the court said, “The lower court’s order must be followed by the petitioner. He will have to give his DNA samples to the police.”

Following this, Mr Gupte informed the court that Binoy would comply with the police but his blood samples should be kept in safe custody and the DNA test report should not be shared with the complainant.

The court accepted this and directed the police to submit the report in a sealed envelope and kept the next hearing on August 26.

The complainant, a native of Bihar, had stated in a complaint that she used to work in a bar in Dubai in 2009. She also said she was not aware that Binoy was already married until she saw his photos of him with his wife on social media.

The woman also provided details of a bank acc-ount of hers where Binoy had credited money over the past several years. Based on the woman’s complaint, the Oshiwara police had booked Binoy.