Massimiliano Latorre’s legal team requested the marine be allowed to stay at home while he recovers from heart surgery, Corriere della Sera reported on Wednesday.
The Supreme Court in Delhi has agreed to discuss the case on January 12th, just weeks after the court stated his four-month medical leave from Delhi would not be extended.
Latorre returned to Italy in September after suffering from a cerebral ischaemia - a blood clot which can cause a stroke. He underwent surgery in Milan on Monday and lawyers have said he must be given time to recover, Corriere reported.
The marine had been living in the Italian embassy in Delhi along with Salvatore Girone, who is also facing charges over the 2012 fishermen deaths.
The two Italians were guarding an oil tanker when they claimed they mistook the two fishermen for pirates and fired at them.
Their case has since taken on a diplomatic dimension, with Italy arguing the incident happened in international waters and the pair should therefore face justice at home. India has, however, claimed jurisdiction over the case by stating that their nationals were killed in Indian waters.
Italian Foreign Minister Paolo Gentiloni last month threatened to recall Italy’s ambassador from Delhi, although said he would not cut diplomatic ties with India.