Sec. 1. Whenever it appears by affidavit that a person is illegally held in custody or restraint and there is good reason to believe that the applicant:
(1) will be carried out of the jurisdiction of the court or judge before whom the application is made; or
(2) will suffer some irreparable injury before compliance with the writ can be enforced;
the court or judge may cause a warrant to be issued, reciting the facts and directed to the sheriff or any constable of the county, commanding the sheriff or constable to take the restrained person and immediately bring the person before the court or judge, to be dealt with according to law.