The Kerala High Court on Tuesday granted bail to Anto Augustine, Managing Director of Malayalam news channel Reporter TV, in an Abkari case concerning the alleged seizure of liquor beyond the permissible limit from a property in Wayanad.
Justice Kauser Edappagath passed the order on Augustine’s bail plea in Anto Augustine v. State of Kerala. The prosecution opposed the bail plea, alleging that Augustine had remained silent during interrogation and had not cooperated with the investigation.
Reminding prosecutors of settled law, the Court remarked that an accused individual is not required to answer all questions asked by investigating officers. The Court also questioned the need for Augustine’s continued custody after the alleged liquor had already been recovered and custodial interrogation had been completed.
A key issue during the proceedings was Augustine’s alleged connection with the property from which the liquor was recovered. Augustine had contended that the property had been sold in a bank auction in 2022 and that he was no longer in possession of it.
After hearing the submissions of both sides, the High Court granted bail subject to conditions, including Augustine’s appearance before the investigating officer as required.
Augustine was arrested by the Excise Department on September 17, a day after a Special Investigation Team (SIT) of the Kerala Police conducted searches at his offices and residences.
The searches were part of an investigation into alleged financial irregularities surrounding the failed attempt to bring the Argentinian national football team and footballer Lionel Messi to Kerala. Augustine’s Reporter Broadcasting Company had reportedly been the principal commercial sponsor of the proposed event.
During a search of Augustine’s family residence in Wayanad, the authorities allegedly recovered around 67 litres of foreign liquor and wine, stated to be above the permissible limit for personal possession.
Augustine was booked under Sections 55(i), 55(a) and 58 of the Kerala Abkari Act, which deal with offences relating to the illegal import, transport, sale and possession of liquor or intoxicating substances.
His bail application was rejected by a Magistrate’s Court on September 18, following which he approached the High Court.
In his bail plea, Augustine maintained that the property where the liquor was allegedly recovered had been sold in a bank auction in 2022 and was no longer under his possession or control.
He also alleged irregularities in the manner in which the search and arrest were conducted and argued that his custodial interrogation was unnecessary.
The High Court, after considering the rival submissions, granted him bail subject to conditions.
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