HC asks police to produce girl before Magistrate court

Stating that it was only concerned with the safety of the petitioners in an inter-caste marriage case, the Madras High Court has directed police to take custody of the girl whose age is below 18 years as per records and produce here before a Magistrate court at Madurai.
Justice S Nagamuthu was hearing a criminal original petition filed by the couple - S Anburaj, an advocate, and the girl. The petitioners had approached the court apprehending threat to their lives from the girl's family.
The judge said Anburaj, being a practicing advocate, should have verified her age.
"...Whatever the case, I don't want to express any more opinion as to whether he committed any crime or not and it is for the investigating officer to investigate the matter thoroughly. This Court is concerned with only the safety and security of the petitioners."

In his order, the judge said as per the certificate issued by the Headmistress of TELC Higher Secondary School for Girls, Usilampatti, Madurai, the girl's birth date is March 17, 1997 which means she has not completed 18 years.
"As per the provisions of the Prevention of Child Marriages Act, 2006, marrying a girl child below 18 years is an offence which is non-bailable."

"As it prima facie appears from the certificate issued by the Headmistress, the girl has to be produced only before the Judicial Magistrate and accordingly I direct the investigating officer to take custody of the girl and produce her before the JM-V of Madurai to decide about her custody," the judge said.

The judge, while referring to Anburaj, said he is a major, but the fact remains that he happens to be an accused.
He then gave liberty to the investigating officer to arrest Anburaj, if needed, and produce him before the Jurisdictional Magistrate and directed Anburaj to co-operate with the IO. He also directed that the IO under the guise of investigation should not harass Anburaj.