Writ Available for Determination of Bail if Not Done Pursuant

to Chapter 40. When a person is imprisoned or detained in custody on any criminal charge, for want of a judicial determination regarding his release pursuant to Chapter 40 (commencing with § 40.10), such person is entitled to a writ of habeas corpus for the purpose of obtaining such determination, upon averring that fact in his petition, without alleging that he is otherwise illegally confined.