Bombay HC quashes rape case FIR against former Kerala CPI(M) secretary’s son

Decision after Binoy Kodiyeri paid ₹80 lakh as compensation to the woman and child born out of the incident

September 29, 2022 07:22 pm | Updated 07:22 pm IST - Mumbai

Binoy Kodiyeri. File

Binoy Kodiyeri. File

The Bombay High Court has quashed the First Information Report (FIR) against Binoy Kodiyeri, son of former Kerala CPI (M) secretary Kodiyeri Balakrishnan, in an alleged rape case after he paid ₹80 lakh as compensation to the woman and the child born out of the incident.

A Division Bench of Justices R.P. Mohitedere and S.M. Modak on September 27 disposed of the plea after Mr. Kodiyeri said he had transferred the amount and the woman decided to withdraw all the charges.

In December 2020, the Mumbai Police had filed a chargesheet of 345 pages against Mr. Kodiyeri.

A 33-year-old woman had accused Mr. Kodiyeri of cheating her and coercing her into a long-term relationship by promising marriage. She had also claimed that they had a child from the union and that Mr. Kodiyeri had abandoned both in 2018 and pleaded inability to provide maintenance.

He had been charged with Sections 376 (punishment for rape), 420 (cheating and dishonestly inducing delivery of property), 506 (punishment for criminal intimidation) of the Indian Penal Code.

Anticipatory bail

On July 3, 2019, the Dindoshi sessions court had granted him anticipatory bail and directed him to submit his blood sample to the Oshiwara police station for a paternity test.

Mr. Kodiyeri had to pay ₹25,000 as personal bond and one or two sureties in a similar amount. Judge M.H. Shaikh had directed Mr. Kodiyeri to be present before the Oshiwara police station on every Monday for a month between 10 a.m. and 1 p.m.

The anticipatory bail conditions include Mr. Kodiyeri should not threaten prosecution witnesses and not tamper with evidence. He should not leave the country without the prior permission of the trial court. He should attend the probe whenever the investigation officer called him for DNA purposes.

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