Chennai: Holding that the District Court, designated as a Special Court, alone is having the power to deal with the matter relating to offences against children, even in the bail and anticipatory bail hearings as well as the hearing of the case itself, the Madras High Court cancelled the bail granted to a woman by a Judicial Magistrate, Virudhachallam, in a child marriage case.
Allowing a petition filed by C. Arumugam, Justice M.V. Muralidaran directed the Inspector of Police, Virudhachalam All Women Police Station to arrest the accused Mahalakshmi immediately and remand her in judicial custody. The accused is given liberty to move bail application before the court concerned if she so desired, the judge added.
According to Arumugam, he is the paternal uncle of the victim girl. He gave a complaint before the District Social Welfare Officer, Cuddalore district, alleging that the 8 accused had conducted betrothal between one Rajadurai and the minor girl on April 11, 2016. The DSWO asked them to stop the said child marriage since it is a forcible marriage and the minor girl was also not interested in the marriage. Despite the advice given by the DSWO, Rajadurai married the minor girl on June 8, 2016, forcibly with the help of 7 other accused.
After he gave another complaint, Rajadurai allegedly had a physical relationship with the minor girl every day on several occasions for more than 5 months against her will and wishes. The police registered a case under the provisions of Prohibition of Child Marriage Act, IPC read with section 4 of POCSO Act.
Rajadurai was arrested and remanded to judicial custody. Thereafter, Mahalakshmi was arrested on August 13, 2017. However, on the same day, the judicial magistrate had granted bail to her as if she had committed offences only under the provisions of Prohibition of Child Marriage Act and IPC. Aggrieved, he has filed the present petition, he added.
The judge pointed out the stand of the Magistrate that the offences under section 9 and 10 of Prohibition of Child Marriage Act and IPC come under the jurisdiction of the Magistrate is not correct. Justice Muralidaran said, admittedly the case was registered for offences under section 9 and 10 of Prohibition of Child Marriage Act and section 4 of POCSO Act. The jurisdiction will come under the jurisdiction of the District Court, namely the designated Special Court.
