IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 20TH MARCH 2007 / 29TH PHALGUNA 1928 Crl.MC.No. 482 of 2007 ------------------------------- (CRIME NO. 180/2005 OF PULPALLY POLICE STATION) PETITIONER: ACCUSED --------------------------------- VARAKIL KUNJU, S/O GOPALAN, VARAKIL HOUSE, PAYYAMPILLY P.O., MANANTHAVADY, WAYANAD DISTRICT. BY ADV. SRI.GEORGE ABRAHAM RESPONDENTS: COMPLAINANT & STATE ----------------------------------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 20/03/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C.No.482 of 2007 ------------------------------------- Dated this the 20th day of March, 2007 ORDER The learned counsel for the petitioner prays, the learned Public Prosecutor does not oppose the said prayer and I am satisfied that in the light of the decision in State of Kerala and Others v. Unni and another [2007(1) KLJ (S.C) 97], this prosecution in which the only allegation is that the percentage of Ethyl Alcohol exceeds the permissible figure cannot be sustained. This Crl.M.C is, in these circumstances, allowed. All proceedings in pursuance of Crime No.180 of 2005 of Pulpally Police Station against the petitioner are hereby quashed. (R.BASANT, JUDGE) rtr/-