The Kerala High Court on Tuesday granted bail to Anto Augustine, the managing director of Malayalam news channel Reporter TV, in an Abkari case [Anto Augustine v State of Kerala]
Justice Kauser Edappagath passed the order on a bail plea filed by Augustine who was arrested over seizure of liquor beyond permissible limits from his residence in Wayanad.
The prosecution had opposed his bail, arguing that Augustine remained silent during the interrogation and had not cooperated with the police.
"An accused is not supposed to answer all questions put by the investigating officer. The Supreme Court has repeatedly said so," the Court orally remarked.
Further, it questioned the need for his continued detention after the recovery of the alleged illegal liquor and custodial interrogation had been completed.
The question of Augustine's connection with the property from which the alleged illegal liquor was recovered had also come up during the previous hearing.
Augustine had argued that the property was sold in a bank auction in 2022 and that he was no longer in possession of it.
After hearing both Augustine and State, the Court today granted him bail, subject to conditions including his appearance before the investigating officer.
Augustine was arrested by the Excise department on September 17, a day after a Special Investigation Team (SIT) of Kerala Police searched his offices and residences.
The search was conducted as part of a probe into alleged financial irregularities connected with the failed attempt to bring the Argentinian national team and footballer Lionel Messi to Kerala for which Augustine's Reporter Broadcasting Company was the main commercial sponsor.
During a raid at his family home in Wayanad, authorities recovered roughly 67 litres of foreign liquor and wine, which exceeds the legally permissible limit for personal possession.
The Excise Department arrested Augustine in the early hours of September 17.
He was booked under Sections 55(i), 55(a) and 58 of the Kerala Abkari Act, which penalise illegal import, export, transport, sale, and illicit possession of liquor or intoxicating drugs.
His bail application was dismissed by a magistrate court on September 18, following which he approached the High Court.
In his bail plea, Augustine argued that the property from which the liquor was seized was sold during a bank auction in 2022, and was no longer in his possession.
The plea also alleged flaws in the manner in which the search and arrest was conducted.
He said that there was no need for custodial interrogation in this case.
Augustine was represented by Senior Counsel S Sreekumar along with advocates MP Shameem Ahamed and Muhammed Firdouz AV.
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