The Kerala High Court on Friday denied interim bail to Anto Augustine, the Managing Director of Malayalam news channel Reporter TV, following his arrest for allegedly possessing liquor beyond the legally permissible limits under the Kerala Abkari Act. The case, titled Anto Augustine v. State of Kerala, was presided over by Justice Kauser Edappagath.
The court’s refusal to grant urgent relief came after the prosecution revealed that they had filed an application seeking police custody of Augustine. He is due to be presented before the magistrate court on Saturday. In light of this, the court decided not to grant interim bail at this juncture.
The court also raised questions regarding Augustine’s connection to the property where the alleged liquor was discovered, especially since the property was reportedly sold in SARFESI proceedings in 2022. Justice Edappagath requested the prosecution to produce evidence, if any, linking Augustine to the property in question. The court scheduled the next hearing for September 22.
Augustine, who was arrested on September 17, was remanded to 14 days of judicial custody. His subsequent bail application was rejected by a trial court, prompting him to seek relief from the High Court. His arrest followed a search operation conducted by a Special Investigation Team (SIT) of the Kerala Police at his offices and residences. The search was part of an investigation into an alleged financial fraud related to a failed football event involving the Argentinian national team and footballer Lionel Messi. Reporter Broadcasting Company, owned by Augustine, was a key commercial sponsor of the event.
During a raid at Augustine’s family home in Wayanad, authorities reportedly found approximately 67 liters of foreign liquor and wine, exceeding the legal limit for personal possession. Consequently, the Excise Department arrested Augustine early Thursday.
Augustine faces charges under Sections 55(i), 55(a), and 58 of the Kerala Abkari Act, which address the illegal import, export, transport, sale, and possession of liquor or intoxicating substances. In his bail plea, Augustine contends that the property where the liquor was seized had been auctioned by a bank in 2022 and was no longer under his ownership.
The bail plea further argues that the trial court denied bail based on the assumption that the property belonged to Augustine, citing a building certificate from the local authority. Augustine challenges this basis, stating that a building certificate is merely for property tax assessment and does not prove ownership or possession.
Additionally, the plea raises concerns about the manner of the search and arrest, emphasizing that Augustine was absent during the seizure and that no independent witnesses were called during the search. Augustine also disputes the grounds of his arrest, claiming that his family was not informed.
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Regarding his criminal history, Augustine asserts that the 41 cases against him stem from the same incident and notes that he has been granted bail in all instances, with no applications for cancellation filed. He maintains that custodial interrogation is unnecessary and urges the High Court to grant bail.
Augustine is represented by senior counsel S Sreekumar, along with advocates MP Shameem Ahamed and Muhammed Firdouz AV.
