The two marines are facing murder charges for killing two Indian fishermen in 2012 off the coat of Kerala.
The Supreme Court will hear on Thursday the plea of Italian marine Salvatore Girone, seeking relaxation of bail conditions to enable him to return to Italy.
Earlier on May 2, the UN's Permanent Court of Arbitration (PCA) in The Hague recommended relaxation of bail conditions of Girone, one of the two marines facing murder charges for killing two Indian fishermen.
Girone and another Italian marine Massimiliano Latorre are facing charges of murdering two fishermen in 2012 off the Kerala coast.
The Arbitral Tribunal's order clearly recognises the fact that "Girone is under India's authority alone" and that the "Supreme Court of India exercises jurisdiction" over him.
The order further asked India and Italy to approach the Supreme Court of India for relaxation of the bail conditions. The order reportedly stated that Italy must ensure that Girone reports to an authority in Italy designated by the Supreme Court of India. It also recommended that Girone should surrender his passport and should be prohibited from leaving Italy unless the Supreme Court of India grants him permission.
Italy also accepted that if Girone is allowed to return to Italy, he would remain under the jurisdiction of the courts of India.
Italy had earlier in March asked the PCA to order India to release Girone, saying the latter, otherwise, risks four more years in India without any charges being made which would amount to "grave violation of his human rights".
The Supreme Court, which was handling this case, suspended the court proceedings relating to the trial of two marines in August 2015 following an order to this effect by International Tribunal for the Law of the Sea (ITLOS) which was approached by Italy for international arbitration.
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