New Delhi, Jan 7 (IANS): The Supreme Court Wednesday said it will hear Jan 12 a plea by Italian Marine Massimiliano Latorre seeking extension of his stay in Italy following heart surgery Jan 5.

The bench of Chief Justice H.L. Dattu and Justice A.K. Sikri said it would hear the matter Monday after counsel K.T.S. Tulsi told the court that Chief Master Sergeant Latorre had undergone heart surgery, and has requested extension of his stay in Italy.

However, Tulsi left it to the court to decide the period for which the Marine could be given extension.

Latorre, along with his colleague, Sergeant Salvatore Girone, was accused of killing two Indian fishermen off the Kerala coast, apparently mistaking them for pirates in February 2012.

The Marines were serving as security personnel on Italian oil tanker MT Enrica Lexie and were crossing the Indian Ocean at that time.

The apex court Sep 12, 2014, had allowed Latorre to go back to Italy for his treatment, recovery and rehabilitation for four months, after he suffered a brain stroke.

On Dec 16, the court had declined Latorre's plea for a two-month extension of his stay in Italy as he had to undergo heart surgery in the first week of January.

The court also declined a request by Girone to go back home to celebrate Christmas with his family.

While declining a plea by the two Marines Dec 18, the court said that neither was the investigation complete nor was a chargesheet filed before the court in the matter.

The court had said "let Massimiliano Latorre come back and participate in the investigations and let the chargesheet be filed".

"Does it happen in any other country?" the court observed, saying that the allegations against the Marines related to murder under section 302 of the Indian Penal Code.