Police had last week registered a case against Siraj Khan under the Foreigners Act after he allegedly escaped from preventive detention.
"We have moved an anticipatory bail in the sessions court after a case under the Foreigners Act was registered against him", said his lawyer Yusuf Khan.
Yusuf said they have sought pre-arrest bail on the ground that an inquiry has been instituted against senior inspector of RAK Police Station in Central Mumbai for releasing him. Siraj had no reason to flee from custody, he claimed.
The application will be heard tomorrow.
More From This Section
Yusuf said Siraj, after his release, has gone to a shrine in Ajmer.
Siraj's appeal against the magistrate's conviction order (deportation) is pending in the sessions court. The Bombay HC had stayed his deportation earlier this year.
Siraj had landed in Amritsar in 1995 as a 10-year-old boy when he took a wrong train while fleeing from his home. He later arrived in Mumbai where he married an Indian woman with whom he has three children.