Bitti's counsel Nicholas Joseph said the plea will be moved in the High Court tomorrow seeking a direction to the prison authorities.
He said his client had deposited Rs one lakh as surety at the Judicial First Class Magistrate Court at Payyannur as directed by the High court and got the release order.
But, the jail authorities did not release Bitti saying they had communication from Rajasthan jail authorities that they had to produce Bitti there.
Bitti had approached the High Court seeking relaxation in the conditions and the court had waived some stringent conditions and directed him for the execution of surety of Rs one lakh with the court. Though the amount was deposited and the release order was collected, the jail authorities refused to release him, his lawyer said.
Earlier, he was sentenced to seven years' imprisonment for raping a German tourist at Alwar in Rajasthan and was absconding after he jumped parole on November 20, 2006.
After jumping parole, Bitti had spent a few months at Puttapparathi where he was alleged to have forged documents using which he took an MBA degree course in Kannur and later got appointment in the bank.