The Kerala High Court on Thursday allowed the two Italian marines accused of shooting to death two fishermen off the Kerala coast to visit their homes for Christmas, provided the Centre accepted Italy's undertaking on their returning to India to stand trial here.
Italy has given an undertaking that the marines would return to India after their short stay in Italy.
Justice P. Bhavadasan ordered that if the Union of India was of the opinion that the undertaking given by the Italian Ambassador and Consul General could be accepted and that the travel documents issued to the petitioners, the conditions in their bail order shall stand modified as follows:
They could remain in Italy for two weeks from the date of departure. However, they should return to India on or before 3 pm on January 10. Their passports shall be released on production of the necessary travel documents for exit and re-entry and on filing an unconditional undertaking to the effect that they will return to India and surrender their passports at 3 pm on January 10.
They should also furnish a bank guarantee for Rs 6 crore before the court. The Ambassador and Consul General should file affidavits before the court where they executed bonds in this regard.
The authorities concerned who were to keep surveillance of the petitioners shall furnish the Kochi City Police Commissioner details of the address and mobile number of the petitioners and about their movement in Italy.
The court observed that if the Union Government was of the opinion that the undertakings by the two authorities whose authority was vouched by the Minister of Foreign Affairs of Republic of Italy were acceptable, then it was for the Centre to decide whether permission could be granted and necessary documents provided for their travel.
The court issued the order while disposing of the petitions filed by Massimillano Latorre and Salvatore Girone, accused marines who are out on bail, seeking permission to visit their families for Christmas/ New Year celebrations.