Defendant Not Entitled to Discharge Remand

If a party brought before the court on the return of the writ is not entitled to discharge or release, the court shall remand him to custody or place him under the restraint from which he was taken, if the person under whose custody or restraint he was legally entitled thereto. NOTE: Section 135.48 is substantively the same as former § 1492. See also Cal. Pen. Code § 1492 (same).