The Bombay High Court on Monday questioned why Binoy Kodiyeri had not taken the DNA test till now and directed him to produce blood samples for the said test on Tuesday. The test will be conducted in order to determine whether Kodiyeri is the father of an eight-year-old, after a Mumbai based woman filed rape case against him.
According the complainant, Binoy cheated her into having a sexual relationship with him after promising to marry her. She claims they have an eight-year-old child and she was not aware that Kodiyeri was already married.
Binoy is Kodiyeri Balakrishnan's son, the Secretary of CPI(M), Kerala. He absconded after the Mumbai police went looking for him to Kerala. He secured pre-arrest bail on the condition that he would take the DNA test and co-operate with the Police in the said investigation. He has failed to take the test on three previous occasions.
Division bench of Justice Ranjit More and Justice Bharati Dangre directed the accused to submit his blood samples for the test tomorrow and noted that the test results must be submitted before the Court within two weeks in a sealed cover.
Binoy has sought quashing of the FIR registered against him before the Oshiwara police station alleging rape and cheating. Previously, he filed an application seeking pre-arrest bail before the Dindoshi Court.
According to the complainant, she met Binoy in 2009 while working in a bar at a Hotel in Dubai. She has alleged that she was unaware that Binoy was already married until recently when she discovered Facebook photos with his wife.
The complainant has also submitted documents showing monthly payments made by Binoy to her bank account over the past several years.