29-21-23. When accused discharged.

If a defendant is not arrested on a warrant from the proper county:

1. The defendant must be discharged from custody;

2. The defendant's bail in the action must be exonerated; or

3. Money deposited instead of bail must be refunded,

as the case may be, and the sureties in the undertaking, as mentioned in section 29-21-21, must be discharged.