It shall be and is hereby declared a misdemeanor for any member of the department to release any person after he has been arrested unless such person has been admitted to bail by the city magistrate or has deposited a sufficient amount of money (lawful money of the United States) with the city clerk to secure his appearance or to pay his probable fine and costs (provided, however, that any deposit of money as aforesaid shall be for the appearance of the defendant in court). (1972 Code)