BBC-South Asia
Only in India would this bail request even be considered.
After 30 months in jail Firoz Khan says he and his wife are suffering mental trauma from lack of sex.
He wants to go home for a month on humanitarian grounds as his religion, Islam, forbids sex outside marriage.
Mr Khan is among 95 being held over the burning of a train in Gujarat state, in which 58 Hindus were burned to death.
The incident in the town of Godhra led to communal rioting in the state in which more than 1,000 people, most of them Muslims, were killed.
The fire was allegedly started by a Muslim mob.
The anti-terrorism law under which Mr Khan was charged makes bail almost impossible.
But prosecutors in the state capital, Ahmedabad, are unsure what to do.
"It's an unprecedented bail application," one, Sudhir Brahmbhatt, told Reuters news agency.
"We have not decided whether to oppose this or not."
India's supreme court has ordered the suspension of proceedings in the case.
The court, as well as human rights groups, has been highly critical of the way justice was administered in Gujarat in the wake of the riots.
It has already ordered retrials in two riot cases, both of which will now be held in the neighbouring state of Maharashtra, after human rights groups petitioned the court saying that the Muslim victims could not expect a fair trial in Gujarat.
In addition the court has ordered police to review some 2,000 riot cases which were earlier dismissed as closed.
India's new railways minister, Laloo Prasad Yadav, has ordered a new investigation into why the Godhra train caught fire.
Some reports say it was caused not by an angry mob attacking the train, but by an electrical fault.
Only in India would this bail request even be considered.