The Marines, Latore Massimilliano and Salvatore Girone, contended that they have not committed any offence as alleged by police and there was no justification in their remaining in custody.
Justice MK Balakrishnan, before whom the matter came up, directed the petitioners to implead the central government in the case and posted it to May 25.
They have moved the High Court after a Kollam court on May 19 rejected their bail applications observing that releasing them at this juncture might affect the conduct of the case which is set to enter the trial stage.
The naval guards onboard Italian oil tanker 'Enrica Lexie' were arrested on February 19 and charged with murder of fishermen Valentine Jalastine and Ajesh Binki who took to sea from Neendakara in Kollam.
The accused were in police custody for the first 14 days and remanded to judicial custody since March 5. Police had last week filed the chargesheet against the marines in the Kollam court charging them with murder and also invoking the International Maritime Law.