1. Rule. Rule made returnable forthwith. By consent of parties heard for final disposal at the admission stage itself in view of the nature of controversy raised in this petition, which raises a very short but interesting issue dealt with hereunder.

2. Miss. Maria Susairaj, the petitioner – a lady, is a co-accused in a murder case with accusations attracting basically Sections 302, 201 and 34 of Indian Penal Code vide C.R.No.347 of 2008. The alleged incident wherein a male person died, took place on 7th May 2008. The petitioner as also the co-accused, another male person, were arrested on 21st August 2008.

3. According to the prosecution, the petitioner volunteered to make a confessional statement. The petitioner was produced before the Judicial Magistrate, who recorded the alleged confessional statement of the petitioner on 27th/28th May 2008 under Section 164 of the Code of Criminal Procedure 1973 (hereinafter referred to as “the Code” for the sake of brevity).

4. When the investigation was going on, the petitioner filed an application seeking bail u/s 439 of the Code. The prosecution filed a reply thereto wherein, along with other grounds, the prose