If the court directs the action to be dismissed, the defendant shall, if in custody, be discharged therefrom; and the dismissal shall exonerate any depositor or surety who has provided security pursuant to Chapter 40 (commencing with § 40.10) and entitles such person to the return of any money or property he may have deposited. NOTE: Section 80.75 is substantively the same as former § 1384. The term Adepositor@ includes the defendant, of course. See § 40.40.