Terming the invocation of MCOCA against them as "inappropriate", Lt Col Prasad Purohit and Abhinav Bharat treasurer Ajay Rahirkar, both accused in the September 29 Malegaon blast case, on Saturday moved the special MCOCA court seeking bail.
Purohit and Rahirkar in their bail applications claimed that the investigating agency, Anti-Terrorism Squad (ATS), had no evidence linking them to the blast and that they have nothing to do with the case.
Special MCOCA Judge Y D Shinde directed the prosecution to file its reply on the application by December 16.
Meanwhile, Purohit and another accused Rakesh Dhawade, whose police custody ended on Saturday, were remanded to judicial custody till December 16 along with eight other accused, including Sadhvi Pragya Singh Thakur.
The ATS in its remand application sought judicial custody of Purohit and Dhawade stating that they would seek police custody of the two if required later.
The court also granted Purohit permission to undergo an MRI scan at a private hospital as it found the state-run J J Hospital's refusal to do the same claiming it might dislocate his knee permanently, as pointless.
Earlier, the court had directed J J Hospital to conduct an MRI scan on Purohit's knee which had been injured when he was in the army.