Madras High CourtCRL OP/22754/2025disposed of

South Indian Bank v. The State Rep By The Inspector Of Police

2025-08-18Honourable Mr Justice N. Sathish Kumar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18-08-2025

CORAM

THE HONOURABLE MR JUSTICE N. SATHISH KUMAR AND CRL OP NO. 22755 OF 2025

1. South Indian Bank Pallavaram Branch, No.7, Pammal Main Road, Pallavaram, Chennai 600043. Represented by Branch Manager, Mr.Sam Sudhakar Pushparaj D (M/44) Petitioner(s) Vs

1. The State rep by The Inspector of Respondent(s) CRL OP No. 22755 of 2025

1. South Indian Bank Pallavaram Branch, No.7, Pammal Main Road, Pallavaram, Chennai 600043. Represented by Branch Manager, Mr.Sam Sudhakar Pushparaj

D (M/44) Petitioner(s) Vs

1. The State rep by The Inspector of Respondent(s) PRAYER To issue direction to the respondent to conduct further investigation in Crime No.262 of 2024 and include all the offences committed by the accused as stated in the complaint dated 09.04.2024, pending on the file of the Respondent police and pass such further or other orders as this Honble Court. CRL OP No. 22755 of 2025 PRAYER To issue direction to the respondent to conduct further investigation in Crime No.133 of 2024 and include all the offences committed by the accused as stated in the complaint dated 10.04.2024, pending on the file of the Respondent police and pass such further or other orders as this Honble Court. For Petitioner(s):

Pranava Charan Mg Vasuki P.K.

Susmithaa Shri Monisha J Guna. A For Respondent(s):

R.Vinoth Raja, Government Advocate (Crl.Side)

ORDER

These Petitions have been filed to issue direction to the respondent to conduct further investigation in Crime No.262 of 2024 and Crime. No.133 of 2024 and include all the offences committed by the accused as stated in the complaint dated 09.04.2024 and 10.04.2024, pending on the file of the Respondent police.

2. It is the contention of the petitioner Bank that ATM machine has been tampered and the amount has been stolen by the accused. On the complaint given, FIR has been registered for the offences under Sections 420 of IPC and Sections 43 and 66 of Information Technology Act. However, according to the petitioner, the relevant sections have not been invoked. Hence, further investigation is required.

3. At the outset, this Court is of the view that merely because a wrong provision of law is invoked, that cannot be a ground for further investigation. It is for the respondent police to file a report after the investigation is completed

by including all the sections in respect of which the offence has been made out. The respondent police shall take into account that the amount has been stolen from the ATM machine which invites the offence under Section 379 IPC. The investigation shall be completed expeditiously.

4. With the above direction, these Criminal Original Petitions are disposed of.

18-08-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes gsk

To 1.The State rep by The Inspector of

N.SATHISH KUMAR J.

gsk CRL OP No. 22754 of AND CRL OP NO.

22755 OF 2025 18-08-2025