ROME: A 43-year-old Indian migrant’s release from police custody after he tried to abduct a small girl from a beach resort in Italy has sparked calls for his deportation.

Justice Minister Andrea Orlando had sent inspectors to Ragusa city prosecutor’s office after Ram Lubhaya was caught trying to kidnap a 5-year-old girl from a beach near the Sicilian city of Ragusabut.

He was immediately released as an attempt to kidnap is a non-imprisonable offence under Italian law.

The parents chased him down, and had to fight with him to get him to let go of their child. The man fled, but was arrested an hour later based on eyewitness descriptions, Ansa news agency reported.

Prosecutor Giulia Bisello ordered the man – who has a criminal record, no residency permit, and currently makes a living giving henna tattoos on the beach where he also sometimes spends the night – released without questioning.

Her decision sparked an outcry on social media and a wave of calls from concerned beachgoers to police emergency services.

So Ms Bisello had the suspect tracked down and rearrested.

However after questioning him for several hours, she ordered him released again, based on the legal code.

“This law makes me vomit,” said the child’s mother. “We were told the suspect did not conclude the crime – we were supposed to lose sight of him in order to say he kidnapped our little girl”.

The suspect, she said, only stopped “because we tackled him. He was holding her very tight, with her face almost in his armpit. We were hoping this person would be deported from Italy at least”.

While prosecutors’ decisions can’t be challenged, Orlando’s inspectors are tasked with assessing whether there were any “abnormalities or violations of the law that could be subject to disciplinary action”, the ministry said.