If, from the examination before the judge or issuing authority, it appears that the person held is the person charged with having committed the crime alleged and that he has fled from justice, the judge or issuing authority must, by a warrant reciting the accusation, commit him to the county jail for such a time, not exceeding five days and specified in the warrant, as will enable the arrest of the accused to be made under a warrant of the charging county unless the accused gives bail as provided in section 9164 (relating to bail) or until he shall be legally discharged.