HC grants bail to Anto Augustine in liquor case
Kochi : The high court (HC) granted bail to Reporter Broadcasting Company MD Anto Augustine in an abkari case registered at Kalpetta excise range office in which he was arrested for allegedly possessing liquor beyond the legally permissible limit and some suspected illicit liquor.
On Tuesday, a bench of Justice Kauser Edappagath allowed Augustine’s bail petition, observing that though he had criminal antecedents, he was not involved in other crime of a similar nature. The court released him on bail on the condition that he execute a bond for Rs 1 lakh with two solvent sureties for the like sum each. Other conditions, including appearing before the investigating officer every Saturday morning and not leaving the state without the prior permission of the trial court, were also imposed.
Augustine was arrested on Sept 16 after a search was conducted in a room at Karapuzha in South Muttil Village, during which excise seized 43.85L of FMFL, 1.224L of foreign-made foreign wine, 6.25L of KSBC wine, 750ml of IMFL (stated to be canteen stock marked for defence only) and 12.75L of a liquid said to contain alcohol. Augustine claimed that the property from which excise seized the contraband had been mortgaged with a bank when he availed a loan. Pursuant to proceedings initiated by the bank under SARFAESI Act, 2002, the property was sold in 2022.
However, the director general of prosecution, relying on the land revenue receipt and a document issued by the village officer, submitted that the property was still in Augustine’s name. He also submitted that other documents – including electricity and water records and voters’ lists – were in Augustine’s name.
Accordingly, HC remarked that there was a dispute regarding the applicant’s ownership, possession and occupation of the building. It noted that Augustine had been taken into police custody for 24 hours and that the recovery process was over. Subsequently, the bench allowed his petition, observing that there was no reason for his continued detention.
On Tuesday, a bench of Justice Kauser Edappagath allowed Augustine’s bail petition, observing that though he had criminal antecedents, he was not involved in other crime of a similar nature. The court released him on bail on the condition that he execute a bond for Rs 1 lakh with two solvent sureties for the like sum each. Other conditions, including appearing before the investigating officer every Saturday morning and not leaving the state without the prior permission of the trial court, were also imposed.
Augustine was arrested on Sept 16 after a search was conducted in a room at Karapuzha in South Muttil Village, during which excise seized 43.85L of FMFL, 1.224L of foreign-made foreign wine, 6.25L of KSBC wine, 750ml of IMFL (stated to be canteen stock marked for defence only) and 12.75L of a liquid said to contain alcohol. Augustine claimed that the property from which excise seized the contraband had been mortgaged with a bank when he availed a loan. Pursuant to proceedings initiated by the bank under SARFAESI Act, 2002, the property was sold in 2022.
However, the director general of prosecution, relying on the land revenue receipt and a document issued by the village officer, submitted that the property was still in Augustine’s name. He also submitted that other documents – including electricity and water records and voters’ lists – were in Augustine’s name.
Accordingly, HC remarked that there was a dispute regarding the applicant’s ownership, possession and occupation of the building. It noted that Augustine had been taken into police custody for 24 hours and that the recovery process was over. Subsequently, the bench allowed his petition, observing that there was no reason for his continued detention.
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