164. Issue and service of writ.

The court or judge issuing a writ of habeas corpus for release1 must give directions as to the court or judge before whom, and the date on which, the writ is returnable2.

When made, the order for the writ to issue cannot be fettered by any conditions or terms. Thus, if the writ is granted on the ground of illegal imprisonment, a condition or term restraining the applicant from pursuing his remedy by action for false imprisonment cannot be imposed as part of the order for the issue of the writ3, and the writ cannot be ordered to lie in