Government must explain handling of Palathayi case bail, says K.K. Ragesh

CPI(M) Kannur district secretary K. K. Ragesh has alleged that the prosecution handled the Palathayi Protection of Children from Sexual Offences (POCSO) case with undue laxity after the change of government and demanded an investigation into the circumstances that led to the suspension of the life sentence and grant of bail to convicted former BJP leader and teacher K. Padmarajan.The Kerala High Court on August 20 suspended Padmarajan’s life sentence and granted him conditional bail pending his appeal. The Fast-Track Special Court, Thalassery, had convicted him in November 2025 of sexually assaulting a ten-year-old Class 4 student on three occasions in January-February 2020. It sentenced him to imprisonment for the remainder of his natural life under Section 376 AB of the IPC, besides 20 years rigorous imprisonment each under two POCSO provisions.The High Court cited prima facie inconsistencies and embellishments in the survivor’s evidence and proximity of the school toilet to classrooms, differing medical findings, and differing conclusions reached during the investigation. The bail was granted on a ₹1 lakh bond with two sureties and other conditions.Mr. Ragesh said the appeal had originally been posted for October while the LDF government was in office, but was advanced after the UDF government assumed power. He alleged that the prosecution should have strongly opposed the move, but failed to do so adequately.He alleged that the High Court had directed the Panoor SHO to deputise a woman civil police officer to meet the survivor’s mother and inform her about the sentence suspension plea. According to Mr. Ragesh, when he and A. N. Shamseer visited the family, the mother said she had not received such information. He alleged that the court was nevertheless informed that the family had been informed and had not responded.Mr. Ragesh questioned why the prosecution did not place before the High Court the circumstances and evidence that had persuaded the trial court to convict Padmarajan. The High Court recorded that the State opposed suspension of sentence, arguing that the trial court had properly evaluated the survivor’s evidence and that the conviction was not palpably perverse.He said the arguments cited by the High Court, including the first doctor not recording sexual abuse, the location of the toilet, and alleged inconsistencies in the child’s statement, had already been raised by the defence before the trial court and were rejected after detailed examination.Mr. Ragesh said the LDF government had treated the case with exceptional seriousness, including deploying senior prosecution lawyers during the appeal proceedings. He questioned why the prosecution did not ensure equally senior representation in the sentence suspension proceedings.Alleges collusionHe alleged “collusion” intended to benefit Padmarajan and demanded that the State investigate who was responsible. He also urged the government to approach the High Court seeking cancellation of the bail and reversal of the sentence suspension order, citing the relevant provisions of the Bharatiya Nagarik Suraksha Sanhita.Mr. Ragesh said the survivor’s family wanted to pursue further legal remedies and would submit a memorandum to the Chief Minister seeking an appeal against the High Court order. He announced a protest meeting involving various sections on September 1 and said the CPI(M) would continue with further protest programmes.He rejected allegations that CPI(M) had earlier acted in concert with the BJP or other organisations to influence the case, saying the party had consistently stood with the survivor. Mr. Ragesh also criticised SNDP Yogam General Secretary Vellappally Natesan over what he described as communal remarks against A. N. Shamseer, and said such statements weakened Keralam’s secular fabric. He said the CPI(M) had earlier avoided an aggressive confrontation with Mr. Natesan because of attempts by the Sangh Parivar to influence caste organisations in the State. Published - August 24, 2026 04:52 pm IST