Two Italian marines, Massimiliano Latorre and Salvatore Girone are facing charges of murdering two fishermen in 2012 off the Kerala coast.
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The complaint against the Italian marines was lodged by Freddy, the owner of the fishing boat “St Antony”, in which the two Indian fishermen were killed when the marines opened fire on them allegedly under the misconception that they were pirates.
“Having considered submissions of the parties, subject to conditions, the Italian marine Salvatore Girone’s bail conditions are modified”, Justices PC Pant and DY Chandrachud said in a written judgment read out in court.
Italy claims the deadly shooting took place in global waters, so the sailors should be tried at home. The court at the Hague said that the marine would have to obey bail conditions set by the Supreme Court.
The Supreme Court on Thursday allowed Italian marine Salvatore Girone to return home, reported ANI.
But Girone has been barred from leaving India pending the resolution of a dispute between New Delhi and Rome over which country has jurisdiction in the case.
Further the tribunal had also ordered that Italy and India move the Supreme Court for relaxation of bail conditions.
Massimiliano Latorre, the other accused in the case, is already on Italy on health grounds.
The dispute over the marines had escalated into a full-blown diplomatic crisis for Italy and India over who has jurisdiction over the case.
While allowing the joint request of India and Italy, the apex court had said the proceedings would remain stalled till the jurisdictional issue about which country has the right to conduct trial was decided through global arbitration.
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The Supreme Court past year suspended all legal proceedings against the two Italian marines following the orders of the International Tribunal for the Law of the Sea (ITLOS).
