The Kerala High Court on September 22 granted bail to Reporter TV Managing Director Anto Augustine in an Abkari case concerning the alleged seizure of liquor beyond the permissible limit from a residence in Wayanad.
Justice Kauser Edappagath passed the order in Anto Augustine v. State of Kerala, after hearing arguments from both sides. The Court had earlier deferred consideration of the bail plea after the prosecution sought his custody.
Background
Augustine was arrested by the Excise Department on September 17 after liquor and wine were allegedly recovered during a search at a residence in Wayanad. The case was registered under Sections 55(a), 55(i) and 58 of the Kerala Abkari Act.
His bail plea before the Judicial First Class Magistrate Court, Sulthan Bathery, had earlier been rejected. Augustine then approached the High Court.
A key issue before the High Court was whether Augustine continued to have possession of the property from where the liquor was allegedly recovered. His counsel submitted that the property had been sold through SARFAESI proceedings in 2022 and that he was no longer in possession. The prosecution disputed this position and relied on documents including payment of property tax.
The prosecution also opposed bail on the ground that Augustine had allegedly remained silent during interrogation and had not fully cooperated with the investigation.
The Court, however, questioned whether such silence could by itself justify continued custody.
"An accused is not supposed to answer all questions put by the investigating officer. The Supreme Court has repeatedly said so."
The Court also questioned the necessity of keeping Augustine in custody after the alleged liquor had already been recovered and custodial interrogation had been completed.
After considering the submissions, the Kerala High Court granted bail to Anto Augustine, subject to conditions including his appearance before the investigating officer at specified intervals and directions not to influence witnesses or interfere with evidence.
